IIB 

113TH CONGRESS 

1ST SESSION H. R. 803 

IN THE SENATE OF THE UNITED STATES 

MARCH 18, 2013 

Received; read twice and referred to the Committee on Health, Education, 

Labor, and Pensions 

AN ACT 

To reform and strengthen the workforce investment system 

of the Nation to put Americans back to work and make 

the United States more competitive in the 21st century. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Supporting Knowledge 

3 and Investing in Lifelong Skills Act’’ or the ‘‘SKILLS 

4 Act’’. 

5 SEC. 2. TABLE OF CONTENTS. 

6 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. References. 

Sec. 4. Effective date. 

TITLE I—AMENDMENTS TO THE WORKFORCE INVESTMENT ACT 

OF 1998 

Subtitle A—Workforce Investment Definitions 

Sec. 101. Definitions. 

Subtitle B—Statewide and Local Workforce Investment Systems 

Sec. 102. Purpose. 

Sec. 103. State workforce investment boards. 

Sec. 104. State plan. 

Sec. 105. Local workforce investment areas. 

Sec. 106. Local workforce investment boards. 

Sec. 107. Local plan. 

Sec. 108. Establishment of one-stop delivery system. 

Sec. 109. Identification of eligible providers of training services. 

Sec. 110. General authorization. 

Sec. 111. State allotments. 

Sec. 112. Within State allocations. 

Sec. 113. Use of funds for employment and training activities. 

Sec. 114. Performance accountability system. 

Sec. 115. Authorization of appropriations. 

Subtitle C—Job Corps 

Sec. 116. Job Corps purposes. 

Sec. 117. Job Corps definitions. 

Sec. 118. Individuals eligible for the Job Corps. 

Sec. 119. Recruitment, screening, selection, and assignment of enrollees. 

Sec. 120. Job Corps centers. 

Sec. 121. Program activities. 

Sec. 122. Counseling and job placement. 

Sec. 123. Support. 

Sec. 124. Operations. 

Sec. 125. Community participation. 

Sec. 126. Workforce councils. 

Sec. 127. Technical assistance. 

Sec. 128. Special provisions. 


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Sec. 129. Performance accountability management. 

Subtitle D—National Programs 

Sec. 130. Technical assistance. 

Sec. 131. Evaluations. 

Subtitle E—Administration 

Sec. 132. Requirements and restrictions. 

Sec. 133. Prompt allocation of funds. 

Sec. 134. Fiscal controls; sanctions. 

Sec. 135. Reports to Congress. 

Sec. 136. Administrative provisions. 

Sec. 137. State legislative authority. 

Sec. 138. General program requirements. 

Sec. 139. Federal agency staff and restrictions on political and lobbying activities. 

Subtitle F—State Unified Plan 

Sec. 140. State unified plan. 

TITLE II—ADULT EDUCATION AND FAMILY LITERACY 

EDUCATION 

Sec. 201. Amendment. 

TITLE III—AMENDMENTS TO THE WAGNER-PEYSER ACT 

Sec. 301. Amendments to the Wagner-Peyser Act. 

TITLE IV—REPEALS AND CONFORMING AMENDMENTS 

Sec. 401. Repeals. 

Sec. 402. Amendment to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. 

Sec. 403. Amendments to the Food and Nutrition Act of 2008. 

Sec. 404. Amendments to section 412 of the Immigration and Nationality Act. 

Sec. 405. Amendments relating to the Second Chance Act of 2007. 

Sec. 406. Amendments to the Omnibus Crime Control and Safe Streets Act of 

1968. 

Sec. 407. Conforming amendments to the United States Code. 

Sec. 408. Conforming amendment to table of contents. 

TITLE V—AMENDMENTS TO THE REHABILITATION ACT OF 1973 

Sec. 501. Findings. 

Sec. 502. Rehabilitation services administration. 

Sec. 503. Definitions. 

Sec. 504. State plan. 

Sec. 505. Scope of services. 

Sec. 506. Standards and indicators. 

Sec. 507. Collaboration with industry. 

Sec. 508. Reservation for expanded transition services. 

Sec. 509. Client assistance program. 

Sec. 510. Title III amendments. 

Sec. 511. Repeal of title VI. 


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Sec. 512. Chairperson. 

Sec. 513. Authorizations of appropriations. 

Sec. 514. Conforming amendments. 

TITLE VI—STUDIES BY THE COMPTROLLER GENERAL 

Sec. 601. Study by the Comptroller General on exhausting Federal Pell Grants 

before accessing WIA funds. 

Sec. 602. Study by the Comptroller General on administrative cost savings. 

1 SEC. 3. REFERENCES. 

2 Except as otherwise expressly provided, wherever in 

3 this Act an amendment or repeal is expressed in terms 

4 of an amendment to, or repeal of, a section or other provi5 sion, the amendment or repeal shall be considered to be 

6 made to a section or other provision of the Workforce In7 vestment Act of 1998 (29 U.S.C. 9201 et seq.). 

8 SEC. 4. EFFECTIVE DATE. 

9 Except as otherwise provided, this Act and the 

10 amendments made by this Act shall be effective with re11 spect to fiscal year 2014 and succeeding fiscal years. 

12 TITLE I—AMENDMENTS TO THE 

13 WORKFORCE INVESTMENT 

14 ACT OF 1998 

15 Subtitle A—Workforce Investment 

16 Definitions 

17 SEC. 101. DEFINITIONS. 

18 Section 101 (29 U.S.C. 2801) is amended— 

19 (1) by striking paragraphs (13) and (24); 

20 (2) by redesignating paragraphs (1) through 

21 (12) as paragraphs (3) through (14), and paraVerDate Mar 15 2010 23:27 Mar 18, 2013 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H803.RFS H803

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1 graphs (14) through (23) as paragraphs (15) 

2 through (24), respectively; 

3 (3) by striking paragraphs (52) and (53); 

4 (4) by inserting after ‘‘In this title:’’ the fol5 lowing new paragraphs: 

6 ‘‘(1) ACCRUED EXPENDITURES.—The term ‘ac7 crued expenditures’ means charges incurred by re8 cipients of funds under this title for a given period 

9 requiring the provision of funds for goods or other 

10 tangible property received; services performed by 

11 employees, contractors, subgrantees, subcontractors, 

12 and other payees; and other amounts becoming owed 

13 under programs assisted under this title for which 

14 no current services or performance is required, such 

15 as annuities, insurance claims, and other benefit 

16 payments. 

17 ‘‘(2) ADMINISTRATIVE COSTS.—The term ‘ad18 ministrative costs’ means expenditures incurred by 

19 State and local workforce investment boards, direct 

20 recipients (including State grant recipients under 

21 subtitle B and recipients of awards under subtitles 

22 C and D), local grant recipients, local fiscal agents 

23 or local grant subrecipients, and one-stop operators 

24 in the performance of administrative functions and 

25 in carrying out activities under this title which are 


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1 not related to the direct provision of workforce in2 vestment services (including services to participants 

3 and employers). Such costs include both personnel 

4 and non-personnel and both direct and indirect.’’; 

5 (5) in paragraph (3) (as so redesignated), by 

6 striking ‘‘Except in sections 127 and 132, the’’ and 

7 inserting ‘‘The’’; 

8 (6) by amending paragraph (5) (as so redesig9 nated) to read as follows: 

10 ‘‘(5) AREA CAREER AND TECHNICAL EDU11 CATION SCHOOL.—The term ‘area career and tech12 nical education school’ has the meaning given the 

13 term in section 3(3) of the Carl D. Perkins Career 

14 and Technical Education Act of 2006 (20 U.S.C. 

15 2302(3)).’’; 

16 (7) in paragraph (6) (as so redesignated), by 

17 inserting ‘‘(or such other level as the Governor may 

18 establish)’’ after ‘‘8th grade level’’; 

19 (8) in paragraph (10)(C) (as so redesignated), 

20 by striking ‘‘not less than 50 percent of the cost of 

21 the training’’ and inserting ‘‘a significant portion of 

22 the cost of training, as determined by the local 

23 board (or, in the case of an employer in multiple 

24 local areas in the State, as determined by the Gov25 ernor), taking into account the size of the employer 


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1 and such other factors as the local board determines 

2 to be appropriate’’; 

3 (9) in paragraph (11) (as so redesignated)— 

4 (A) in subparagraph (A)(ii)(II), by striking 

5 ‘‘section 134(c)’’ and inserting ‘‘section 

6 121(e)’’; 

7 (B) in subparagraph (B)(iii)— 

8 (i) by striking ‘‘134(d)(4)’’ and insert9 ing ‘‘134(c)(4)’’; and 

10 (ii) by striking ‘‘intensive services de11 scribed in section 134(d)(3)’’ and inserting 

12 ‘‘work ready services described in section 

13 117(d)(5)(C)’’; 

14 (C) in subparagraph (C), by striking ‘‘or’’ 

15 after the semicolon; 

16 (D) in subparagraph (D), by striking the 

17 period and inserting ‘‘; or’’; and 

18 (E) by adding at the end the following: 

19 ‘‘(E)(i) is the spouse of a member of the 

20 Armed Forces on active duty for a period of 

21 more than 30 days (as defined in section 

22 101(d)(2) of title 10, United States Code) who 

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1 manent change in duty station of such member; 

2 or 

3 ‘‘(ii) is the spouse of a member of the 

4 Armed Forces on active duty who meets the cri5 teria described in paragraph (12)(B).’’; 

6 (10) in paragraph (12)(A) (as redesignated)— 

7 (A) by striking ‘‘and’’ after the semicolon 

8 and inserting ‘‘or’’; 

9 (B) by striking ‘‘(A)’’ and inserting 

10 ‘‘(A)(i)’’; and 

11 (C) by adding at the end the following: 

12 ‘‘(ii) is the spouse of a member of the 

13 Armed Forces on active duty for a period of 

14 more than 30 days (as defined in section 

15 101(d)(2) of title 10, United States Code) 

16 whose family income is significantly reduced be17 cause of a deployment (as defined in section 

18 991(b) of title 10, United States Code, or pur19 suant to paragraph (4) of such section), a call 

20 or order to active duty pursuant to a provision 

21 of law referred to in section 101(a)(13)(B) of 

22 title 10, United States Code, a permanent 

23 change of station, or the service-connected (as 

24 defined in section 101(16) of title 38, United 


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1 States Code) death or disability of the member; 

2 and’’; 

3 (11) in paragraph (13) (as so redesignated), by 

4 inserting ‘‘or regional’’ after ‘‘local’’ each place it 

5 appears; 

6 (12) in paragraph (14) (as so redesignated)— 

7 (A) in subparagraph (A), by striking ‘‘sec8 tion 122(e)(3)’’ and inserting ‘‘section 122’’; 

9 (B) by striking subparagraph (B), and in10 serting the following: 

11 ‘‘(B) work ready services, means a provider 

12 who is identified or awarded a contract as de13 scribed in section 117(d)(5)(C); or’’; 

14 (C) by striking subparagraph (C); and 

15 (D) by redesignating subparagraph (D) as 

16 subparagraph (C). 

17 (13) in paragraph (15) (as so redesignated), by 

18 striking ‘‘adult or dislocated worker’’ and inserting 

19 ‘‘individual’’; 

20 (14) in paragraph (25)— 

21 (A) in subparagraph (B), by striking 

22 ‘‘higher of—’’ and all that follows through 

23 clause (ii) and inserting ‘‘poverty line for an 

24 equivalent period;’’; 


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1 (B) by redesignating subparagraphs (D) 

2 through (F) as subparagraphs (E) through (G), 

3 respectively; and 

4 (C) by inserting after subparagraph (C) 

5 the following: 

6 ‘‘(D) receives or is eligible to receive free 

7 or reduced price lunch under the Richard B. 

8 Russell National School Lunch Act (42 U.S.C. 

9 1751 et seq.);’’; 

10 (15) in paragraph (32), by striking ‘‘the Repub11 lic of the Marshall Islands, the Federated States of 

12 Micronesia,’’; 

13 (16) by amending paragraph (33) to read as 

14 follows: 

15 ‘‘(33) OUT-OF-SCHOOL YOUTH.—The term ‘out16 of-school youth’ means— 

17 ‘‘(A) an at-risk youth who is a school drop18 out; or 

19 ‘‘(B) an at-risk youth who has received a 

20 secondary school diploma or its recognized 

21 equivalent but is basic skills deficient, unem22 ployed, or underemployed.’’. 

23 (17) in paragraph (38), by striking 

24 ‘‘134(a)(1)(A)’’ and inserting ‘‘134(a)(1)(B)’’; 


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1 (18) by amending paragraph (49) to read as 

2 follows: 

3 ‘‘(49) VETERAN.—The term ‘veteran’ has the 

4 same meaning given the term in section 2108(1) of 

5 title 5, United States Code.’’; 

6 (19) by amending paragraph (50) to read as 

7 follows: 

8 ‘‘(50) CAREER AND TECHNICAL EDUCATION.— 

9 The term ‘career and technical education’ has the 

10 meaning given the term in section 3 of the Carl D. 

11 Perkins Career and Technical Education Act of 

12 2006 (20 U.S.C. 2302).’’; 

13 (20) in paragraph (51) by striking ‘‘, and a 

14 youth activity’’; and 

15 (21) by adding at the end the following: 

16 ‘‘(52) AT-RISK YOUTH.—Except as provided in 

17 subtitle C, the term ‘at-risk youth’ means an indi18 vidual who— 

19 ‘‘(A) is not less than age 16 and not more 

20 than age 24; 

21 ‘‘(B) is a low-income individual; and 

22 ‘‘(C) is an individual who is one or more 

23 of the following: 

24 ‘‘(i) a secondary school dropout; 


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1 ‘‘(ii) a youth in foster care (including 

2 youth aging out of foster care); 

3 ‘‘(iii) a youth offender; 

4 ‘‘(iv) a youth who is an individual 

5 with a disability; or 

6 ‘‘(v) a migrant youth. 

7 ‘‘(53) INDUSTRY OR SECTOR PARTNERSHIP.— 

8 The term ‘industry or sector partnership’ means a 

9 partnership of a State or local board and one or 

10 more industries and other entities that have the ca11 pability to help the State or local board determine 

12 the immediate and long term skilled workforce needs 

13 of in-demand industries and other occupations im14 portant to the State or local economy, respectively. 

15 ‘‘(54) INDUSTRY-RECOGNIZED CREDENTIAL.— 

16 The term ‘industry-recognized credential’ means a 

17 credential that is sought or accepted by companies 

18 within the industry sector involved, across multiple 

19 States, as recognized, preferred, or required for re20 cruitment, screening, or hiring. 

21 ‘‘(55) RECOGNIZED POSTSECONDARY CREDEN22 TIAL.—The term ‘recognized postsecondary creden23 tial’ means a credential awarded by a training pro24 vider or postsecondary educational institution based 

25 on completion of all requirements for a program of 


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1 study, including coursework or tests or other per2 formance evaluations. The term includes an indus3 try-recognized credential, a certificate of completion 

4 of an apprenticeship, or an associate or bacca5 laureate degree. 

6 ‘‘(56) PAY-FOR-PERFORMANCE CONTRACT

7 STRATEGY.—The term ‘pay-for-performance contract 

8 strategy’ means a strategy in which a pay-for-per9 formance contract to provide a program of employ10 ment and training activities incorporates— 

11 ‘‘(A) the core indicators of performance de12 scribed in subclauses (I) through (IV) of section 

13 136(b)(2)(A)(i); 

14 ‘‘(B) a fixed amount that will be paid to 

15 an eligible provider of such employment and 

16 training activities for each program participant 

17 who, within a defined timetable, achieves the 

18 agreed to levels of performance based upon the 

19 core indicators of performance described in sub20 paragraph (A), and may include a bonus pay21 ment to such provider which may be used to ex22 pand the capacity of such provider; 

23 ‘‘(C) the ability for an eligible provider to 

24 recoup the costs of training a program partici25 pant who has not met such core indicators of 


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1 performance, but for whom the provider is able 

2 to demonstrate that such participant gained 

3 specific competencies required for education 

4 and career advancement that are, where fea5 sible, tied to industry-recognized credentials 

6 and related standards, or State licensing re7 quirements; and 

8 ‘‘(D) the ability for an eligible provider 

9 that does not meet the requirements under sec10 tion 122(a)(2) to participate in such pay-for11 performance contract and to not be required to 

12 report on the performance and cost information 

13 required under section 122(d).’’. 

14 Subtitle B—Statewide and Local 

15 Workforce Investment Systems 

16 SEC. 102. PURPOSE. 

17 Section 106 (29 U.S.C. 2811) is amended by adding 

18 at the end the following: ‘‘It is also the purpose of this 

19 subtitle to provide workforce investment activities in a 

20 manner that enhances employer engagement, promotes 

21 customer choices in the selection of training services, and 

22 ensures accountability in the use of the taxpayer funds.’’. 

23 SEC. 103. STATE WORKFORCE INVESTMENT BOARDS. 

24 Section 111 (29 U.S.C. 2821) is amended— 

25 (1) in subsection (b)— 


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1 (A) in paragraph (1)— 

2 (i) by striking subparagraph (B); 

3 (ii) by redesignating subparagraph 

4 (C) as subparagraph (B); and 

5 (iii) in subparagraph (B) (as so redes6 ignated)— 

7 (I) by amending clause (i)(I), by 

8 striking ‘‘section 117(b)(2)(A)(i)’’ and 

9 inserting ‘‘section 117(b)(2)(A)’’; 

10 (II) by amending clause (i)(II) to 

11 read as follows: 

12 ‘‘(II) represent businesses, in13 cluding large and small businesses, 

14 with immediate and long-term employ15 ment opportunities in in-demand in16 dustries and other occupations impor17 tant to the State economy; and’’; 

18 (III) by striking clause (iii) and 

19 inserting the following: 

20 ‘‘(iii) a State agency official respon21 sible for economic development; and’’; 

22 (IV) by striking clauses (iv) 

23 through (vi); 

24 (V) by amending clause (vii) to 

25 read as follows: 


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1 ‘‘(vii) such other representatives and 

2 State agency officials as the Governor may 

3 designate, including— 

4 ‘‘(I) members of the State legis5 lature; 

6 ‘‘(II) representatives of individ7 uals and organizations that have expe8 rience with respect to youth activities; 

9 ‘‘(III) representatives of individ10 uals and organizations that have expe11 rience and expertise in the delivery of 

12 workforce investment activities, in13 cluding chief executive officers of com14 munity colleges and community-based 

15 organizations within the State; 

16 ‘‘(IV) representatives of the lead 

17 State agency officials with responsi18 bility for the programs and activities 

19 that are described in section 121(b) 

20 and carried out by one-stop partners; 

21 or 

22 ‘‘(V) representatives of veterans 

23 service organizations.’’; and 

24 (VI) by redesignating clause (vii) 

25 (as so amended) as clause (iv); and 


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1 (B) by amending paragraph (3) to read as 

2 follows: 

‘‘(3) MAJORITY.—A 2 3 ⁄3 majority of the mem4 bers of the board shall be representatives described 

5 in paragraph (1)(B)(i).’’; 

6 (2) in subsection (c), by striking ‘‘(b)(1)(C)(i)’’ 

7 and inserting ‘‘(b)(1)(B)(i)’’; 

8 (3) by amending subsection (d) to read as fol9 lows: 

10 ‘‘(d) FUNCTIONS.—The State board shall assist the 

11 Governor of the State as follows: 

12 ‘‘(1) STATE PLAN.—Consistent with section 

13 112, develop a State plan. 

14 ‘‘(2) STATEWIDE WORKFORCE DEVELOPMENT

15 SYSTEM.—Review and develop statewide policies and 

16 programs in the State in a manner that supports a 

17 comprehensive Statewide workforce development sys18 tem that will result in meeting the workforce needs 

19 of the State and its local areas. Such review shall in20 clude determining whether the State should consoli21 date additional programs into the Workforce Invest22 ment Fund in accordance with section 501(e). 

23 ‘‘(3) WORKFORCE AND LABOR MARKET INFOR24 MATION SYSTEM.—Develop a statewide workforce 

25 and labor market information system described in 


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1 section 15(e) of the Wagner-Peyser Act, which may 

2 include using existing information conducted by the 

3 State economic development entity or related entity 

4 in developing such system. 

5 ‘‘(4) EMPLOYER ENGAGEMENT.—Develop strat6 egies across local areas that meet the needs of em7 ployers and support economic growth in the State by 

8 enhancing communication, coordination, and collabo9 ration among employers, economic development enti10 ties, and service providers. 

11 ‘‘(5) DESIGNATION OF LOCAL AREAS.—Des12 ignate local areas as required under section 116. 

13 ‘‘(6) ONE-STOP DELIVERY SYSTEM.—Identify 

14 and disseminate information on best practices for ef15 fective operation of one-stop centers, including use 

16 of innovative business outreach, partnerships, and 

17 service delivery strategies. 

18 ‘‘(7) PROGRAM OVERSIGHT.—Conduct the fol19 lowing program oversight: 

20 ‘‘(A) Reviewing and approving local plans 

21 under section 118. 

22 ‘‘(B) Ensuring the appropriate use and 

23 management of the funds provided for State 

24 employment and training activities authorized 

25 under section 134. 


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1 ‘‘(C) Preparing an annual report to the 

2 Secretary described in section 136(d). 

3 ‘‘(8) DEVELOPMENT OF PERFORMANCE MEAS4 URES.—Develop and ensure continuous improvement 

5 of comprehensive State performance measures, in6 cluding State adjusted levels of performance, as de7 scribed under section 136(b).’’; 

8 (4) by striking subsection (e) and redesignating 

9 subsection (f) as subsection (e); 

10 (5) in subsection (e) (as so redesignated), by in11 serting ‘‘or participate in any action taken’’ after 

12 ‘‘vote’’; 

13 (6) by inserting after subsection (e) (as so re14 designated), the following: 

15 ‘‘(f) STAFF.—The State board may employ staff to 

16 assist in carrying out the functions described in subsection 

17 (d).’’; and 

18 (7) in subsection (g), by inserting ‘‘electronic 

19 means and’’ after ‘‘on a regular basis through’’. 

20 SEC. 104. STATE PLAN. 

21 Section 112 (29 U.S.C. 2822)— 

22 (1) in subsection (a)— 

23 (A) by striking ‘‘127 or’’; and 

24 (B) by striking ‘‘5-year strategy’’ and in25 serting ‘‘3-year strategy’’; 


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1 (2) in subsection (b)— 

2 (A) by amending paragraph (4) to read as 

3 follows: 

4 ‘‘(4) information describing— 

5 ‘‘(A) the economic conditions in the State; 

6 ‘‘(B) the immediate and long-term skilled 

7 workforce needs of in-demand industries, small 

8 businesses, and other occupations important to 

9 the State economy; 

10 ‘‘(C) the knowledge and skills of the work11 force in the State; and 

12 ‘‘(D) workforce development activities (in13 cluding education and training) in the State;’’; 

14 (B) by amending paragraph (7) to read as 

15 follows: 

16 ‘‘(7) a description of the State criteria for de17 termining the eligibility of training providers in ac18 cordance with section 122, including how the State 

19 will take into account the performance of providers 

20 and whether the training programs relate to occupa21 tions that are in-demand;’’; 

22 (C) by amending paragraph (8) to read as 

23 follows: 

24 ‘‘(8)(A) a description of the procedures that will 

25 be taken by the State to assure coordination of, and 


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1 avoid duplication among, the programs and activities 

2 identified under section 501(b)(2); and 

3 ‘‘(B) a description of common data collection 

4 and reporting processes used for the programs and 

5 activities described in subparagraph (A), which are 

6 carried out by one-stop partners, including— 

7 ‘‘(i) assurances that such processes use 

8 quarterly wage records for performance meas9 ures described in section 136(b)(2)(A) that are 

10 applicable to such programs or activities; or 

11 ‘‘(ii) if such wage records are not being 

12 used for the performance measures, an identi13 fication of the barriers to using such wage 

14 records and a description of how the State will 

15 address such barriers within one year of the ap16 proval of the plan;’’; 

17 (D) in paragraph (9), by striking ‘‘, includ18 ing comment by representatives of businesses 

19 and representatives of labor organizations,’’; 

20 (E) in paragraph (11), by striking ‘‘under 

21 sections 127 and 132’’ and inserting ‘‘under 

22 section 132’’; 

23 (F) by striking paragraph (12); 


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1 (G) by redesignating paragraphs (13) 

2 through (18) as paragraphs (12) through (17), 

3 respectively; 

4 (H) in paragraph (12) (as so redesig5 nated), by striking ‘‘111(f)’’ and inserting 

6 ‘‘111(e)’’; 

7 (I) in paragraph (13) (as so redesignated), 

8 by striking ‘‘134(c)’’ and inserting ‘‘121(e)’’; 

9 (J) in paragraph (14) (as so redesignated), 

10 by striking ‘‘116(a)(5)’’ and inserting 

11 ‘‘116(a)(4)’’; 

12 (K) in paragraph (16) (as so redesig13 nated)— 

14 (i) in subparagraph (A)— 

15 (I) in clause (ii), by striking ‘‘to 

16 dislocated workers’’; 

17 (II) in clause (iii), by striking 

18 ‘‘134(d)(4)’’ and inserting 

19 ‘‘134(c)(4)’’; 

20 (III) by striking ‘‘and’’ at the 

21 end of clause (iii); 

22 (IV) by amending clause (iv) to 

23 read as follows: 

24 ‘‘(iv) how the State will serve the em25 ployment and training needs of dislocated 


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1 workers (including displaced homemakers), 

2 low-income individuals (including recipients 

3 of public assistance such as supplemental 

4 nutrition assistance program benefits pur5 suant to the Food and Nutrition Act of 

6 2008 (7 U.S.C. 2011 et seq.)), long-term 

7 unemployed individuals (including individ8 uals who have exhausted entitlement to 

9 State and Federal unemployment com10 pensation), English learners, homeless in11 dividuals, individuals training for nontradi12 tional employment, youth (including out-of13 school youth and at-risk youth), older 

14 workers, ex-offenders, migrant and sea15 sonal farmworkers, refugee and entrants, 

16 veterans (including disabled and homeless 

17 veterans), and Native Americans; and’’; 

18 and 

19 (V) by adding at the end the fol20 lowing new clause: 

21 ‘‘(v) how the State will— 

22 ‘‘(I) consistent with section 188 

23 and Executive Order No. 13217 (42 

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1 ment and training needs of individuals 

2 with disabilities; and 

3 ‘‘(II) consistent with sections 504 

4 and 508 of the Rehabilitation Act of 

5 1973, include the provision of out6 reach, intake, assessments, and serv7 ice delivery, the development of per8 formance measures, the training of 

9 staff, and other aspects of accessibility 

10 to programs and services under this 

11 subtitle;’’; and 

12 (ii) in subparagraph (B), by striking 

13 ‘‘to the extent practicable’’ and inserting 

14 ‘‘in accordance with the requirements of 

15 the Jobs for Veterans Act (Public Law 

16 107–288) and the amendments made by 

17 such Act’’; and 

18 (L) by striking paragraph (17) (as so re19 designated) and inserting the following: 

20 ‘‘(17) a description of the strategies and serv21 ices that will be used in the State— 

22 ‘‘(A) to more fully engage employers, in23 cluding small businesses and employers in in24 demand industries and occupations important 

25 to the State economy; 


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1 ‘‘(B) to meet the needs of employers in the 

2 State; and 

3 ‘‘(C) to better coordinate workforce devel4 opment programs with economic development 

5 activities; 

6 ‘‘(18) a description of how the State board will 

7 convene (or help to convene) industry or sector part8 nerships that lead to collaborative planning, resource 

9 alignment, and training efforts across multiple firms 

10 for a range of workers employed or potentially em11 ployed by a targeted industry cluster— 

12 ‘‘(A) to encourage industry growth and 

13 competitiveness and to improve worker training, 

14 retention, and advancement in targeted indus15 try clusters; 

16 ‘‘(B) to address the immediate and long17 term skilled workforce needs of in-demand in18 dustries and other occupations important to the 

19 State economy, and 

20 ‘‘(C) to address critical skill gaps within 

21 and across industries; 

22 ‘‘(19) a description of how the State will utilize 

23 technology to facilitate access to services in remote 

24 areas, which may be used throughout the State; 


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1 ‘‘(20) a description of the State strategy and 

2 assistance to be provided for encouraging regional 

3 cooperation within the State and across State bor4 ders, as appropriate; 

5 ‘‘(21) a description of the actions that will be 

6 taken by the State to foster communication, coordi7 nation, and partnerships with non-profit organiza8 tions (including public libraries, community, faith9 based, and philanthropic organizations) that provide 

10 employment-related, training, and complementary 

11 services, to enhance the quality and comprehensive12 ness of services available to participants under this 

13 title; 

14 ‘‘(22) a description of the process and method15 ology for determining— 

16 ‘‘(A) one-stop partner program contribu17 tions for the cost of the infrastructure of one18 stop centers under section 121(h)(1); and 

19 ‘‘(B) the formula for allocating such infra20 structure funds to local areas under section 

21 121(h)(3); 

22 ‘‘(23) a description of the strategies and serv23 ices that will be used in the State to assist at-risk 

24 youth and out-of-school youth in acquiring the edu25 cation and skills, credentials (including recognized 


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1 postsecondary credentials and industry-recognized 

2 credentials), and employment experience to succeed 

3 in the labor market, including— 

4 ‘‘(A) training and internships in in-demand 

5 industries or occupations important to the State 

6 and local economy; 

7 ‘‘(B) dropout recovery activities that are 

8 designed to lead to the attainment of a regular 

9 secondary school diploma or its recognized 

10 equivalent, or other State recognized equivalent 

11 (including recognized alternative standards for 

12 individuals with disabilities); and 

13 ‘‘(C) activities combining remediation of 

14 academic skills, work readiness training, and 

15 work experience, and including linkages to post16 secondary education and training and career17 ladder employment; and 

18 ‘‘(24) a description of— 

19 ‘‘(A) how the State will furnish employ20 ment, training, including training in advanced 

21 manufacturing, supportive, and placement serv22 ices to veterans, including disabled and home23 less veterans; 

24 ‘‘(B) the strategies and services that will 

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1 integration of homeless veterans into the labor 

2 force; and 

3 ‘‘(C) the veteran population to be served in 

4 the State.’’; 

5 (3) in subsection (c), by striking ‘‘period, 

6 that—’’ and all that follows through paragraph (2) 

7 and inserting ‘‘period, that the plan is inconsistent 

8 with the provisions of this title.’’; and 

9 (4) in subsection (d), by striking ‘‘5-year’’ and 

10 inserting ‘‘3-year’’. 

11 SEC. 105. LOCAL WORKFORCE INVESTMENT AREAS. 

12 Section 116 (29 U.S.C. 2831) is amended— 

13 (1) in subsection (a)— 

14 (A) by amending paragraph (1) to read as 

15 follows: 

16 ‘‘(1) IN GENERAL.— 

17 ‘‘(A) PROCESS.—In order to receive an al18 lotment under section 132, a State, through the 

19 State board, shall establish a process to des20 ignate local workforce investment areas within 

21 the State. Such process shall— 

22 ‘‘(i) support the statewide workforce 

23 investment system developed under section 

24 111(d)(2) that will meet the workforce 

25 needs of the State and its local areas; 


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1 ‘‘(ii) include prior consultation with 

2 chief elected officials; 

3 ‘‘(iii) consider comments received 

4 through the public comment process as de5 scribed in section 112(b)(9); and 

6 ‘‘(iv) require the submission of an ap7 proved application under subparagraph 

8 (B). 

9 ‘‘(B) APPLICATION.—To be designated as 

10 a local area under this paragraph, a local or re11 gional board (or consortiums of local or regional 

12 boards) shall submit an application to a State 

13 board at such time, in such manner, and con14 taining such information as the State board 

15 may require, including— 

16 ‘‘(i) a description of the local area, in17 cluding the population that will be served 

18 by the local area, and the education and 

19 training needs of its employers and work20 ers; 

21 ‘‘(ii) a description of how the local 

22 area is consistent or aligned with— 

23 ‘‘(I) service delivery areas; 

24 ‘‘(II) labor market areas; and 


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1 ‘‘(III) economic development re2 gions; 

3 ‘‘(iii) a description of the eligible pro4 viders of education and training, including 

5 postsecondary educational institutions such 

6 as community colleges, located in the local 

7 area available to meet the needs of the 

8 local workforce; 

9 ‘‘(iv) a description of the distance that 

10 individuals will need to travel to receive 

11 services provided in such local area; and 

12 ‘‘(v) any other criteria that the State 

13 board may require. 

14 ‘‘(C) PRIORITY.—In designating local 

15 areas under this paragraph, a State board shall 

16 give priority consideration to applicants dem17 onstrating that a designation as a local area 

18 under this paragraph will result in the reduc19 tion of overlapping service delivery areas, local 

20 market areas, or economic development regions. 

21 ‘‘(D) ALIGNMENT WITH LOCAL PLAN.—A 

22 State may designate an applicant as a local 

23 area under this paragraph for a period not to 

24 exceed 3 years.’’. 


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1 (B) by amending paragraph (2) to read as 

2 follows: 

3 ‘‘(2) TECHNICAL ASSISTANCE.—The Secretary 

4 shall, if requested by the Governor of a State, pro5 vide the State with technical assistance in making 

6 the determinations required under paragraph (1). 

7 The Secretary shall not issue regulations governing 

8 determinations to be made under paragraph (1).’’; 

9 (C) by striking paragraph (3); 

10 (D) by striking paragraph (4); 

11 (E) by redesignating paragraph (5) as 

12 paragraph (3); and 

13 (F) in paragraph (3) (as so redesignated), 

14 by striking ‘‘(2) or (3)’’ both places it appears 

15 and inserting ‘‘(1)’’; 

16 (2) by amending subsection (b) to read as fol17 lows: 

18 ‘‘(b) SINGLE STATES.—Consistent with subsection 

19 (a), the State board of a State may designate the State 

20 as a single State local area for the purposes of this title.’’; 

21 and 

22 (3) in subsection (c)— 

23 (A) in paragraph (1), by adding at the end 

24 the following: ‘‘The State may require the local 

25 boards for the designated region to prepare a 


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1 single regional plan that incorporates the ele2 ments of the local plan under section 118 and 

3 that is submitted and approved in lieu of sepa4 rate local plans under such section.’’; and 

5 (B) in paragraph (2), by striking ‘‘employ6 ment statistics’’ and inserting ‘‘workforce and 

7 labor market information’’. 

8 SEC. 106. LOCAL WORKFORCE INVESTMENT BOARDS. 

9 Section 117 (29 U.S.C. 2832) is amended— 

10 (1) in subsection (b)— 

11 (A) in paragraph (2)— 

12 (i) in subparagraph (A)— 

13 (I) by striking ‘‘include—’’ and 

14 all that follows through ‘‘representa15 tives’’ and inserting ‘‘include rep16 resentatives’’; 

17 (II) by striking clauses (ii) 

18 through (vi); 

19 (III) by redesignating subclauses 

20 (I) through (III) as clauses (i) 

21 through (iii), respectively (and by 

22 moving the margins of such clauses 2 

23 ems to the left); 


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1 (IV) by striking clause (ii) (as so 

2 redesignated) and inserting the fol3 lowing: 

4 ‘‘(ii) represent businesses, including 

5 large and small businesses, with immediate 

6 and long-term employment opportunities in 

7 in-demand industries and other occupa8 tions important to the local economy; 

9 and’’; and 

10 (V) by striking the semicolon at 

11 the end of clause (iii) (as so redesig12 nated) and inserting ‘‘; and’’; and 

13 (ii) by amending subparagraph (B) to 

14 read as follows: 

15 ‘‘(B) may include such other individuals or 

16 representatives of entities as the chief elected 

17 official in the local area may determine to be 

18 appropriate, including— 

19 ‘‘(i) a superintendent of the local sec20 ondary school system, the president or 

21 chief executive officer of a postsecondary 

22 educational institution (including a com23 munity college, where such an entity ex24 ists), or an administrator of local entities 


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1 providing adult education and literacy ac2 tivities; 

3 ‘‘(ii) representatives of community4 based organizations (including organiza5 tions representing individuals with disabil6 ities and veterans, for a local area in which 

7 such organizations are present); or 

8 ‘‘(iii) representatives of veterans serv9 ice organizations.’’; 

10 (B) in paragraph (4)— 

11 (i) by striking ‘‘A majority’’ and inserting ‘‘A 2 12 ⁄3 majority’’; and 

13 (ii) by striking ‘‘(2)(A)(i)’’ and insert14 ing ‘‘(2)(A)’’; and 

15 (C) in paragraph (5) by striking 

16 ‘‘(2)(A)(i)’’ and inserting ‘‘(2)(A)’’; 

17 (2) by striking subsection (c)(1)(C); 

18 (3) by amending subsection (d) to read as fol19 lows: 

20 ‘‘(d) FUNCTIONS OF LOCAL BOARD.—The functions 

21 of the local board shall include the following: 

22 ‘‘(1) LOCAL PLAN.—Consistent with section 

23 118, each local board, in partnership with the chief 

24 elected official for the local area involved, shall de25 velop and submit a local plan to the Governor. 


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1 ‘‘(2) WORKFORCE RESEARCH AND REGIONAL

2 LABOR MARKET ANALYSIS.— 

3 ‘‘(A) IN GENERAL.—The local board 

4 shall— 

5 ‘‘(i) conduct, and regularly update, an 

6 analysis of— 

7 ‘‘(I) the economic conditions in 

8 the local area; 

9 ‘‘(II) the immediate and long10 term skilled workforce needs of in-de11 mand industries and other occupa12 tions important to the local economy; 

13 ‘‘(III) the knowledge and skills of 

14 the workforce in the local area; and 

15 ‘‘(IV) workforce development ac16 tivities (including education and train17 ing) in the local area; and 

18 ‘‘(ii) assist the Governor in developing 

19 the statewide workforce and labor market 

20 information system described in section 

21 15(e) of the Wagner-Peyser Act. 

22 ‘‘(B) EXISTING ANALYSIS.—A local board 

23 shall use existing analysis by the local economic 

24 development entity or related entity in order to 

25 carry out requirements of subparagraph (A)(i). 


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1 ‘‘(3) EMPLOYER ENGAGEMENT.—The local 

2 Board shall meet the needs of employers and sup3 port economic growth in the local area by enhancing 

4 communication, coordination, and collaboration 

5 among employers, economic development entities, 

6 and service providers. 

7 ‘‘(4) BUDGET AND ADMINISTRATION.— 

8 ‘‘(A) BUDGET.— 

9 ‘‘(i) IN GENERAL.—The local board 

10 shall develop a budget for the activities of 

11 the local board in the local area, consistent 

12 with the requirements of this subsection. 

13 ‘‘(ii) TRAINING RESERVATION.—In de14 veloping a budget under clause (i), the 

15 local board shall reserve a percentage of 

16 funds to carry out the activities specified 

17 in section 134(c)(4). The local board shall 

18 use the analysis conducted under para19 graph (2)(A)(i) to determine the appro20 priate percentage of funds to reserve under 

21 this clause. 

22 ‘‘(B) ADMINISTRATION.— 

23 ‘‘(i) GRANT RECIPIENT.— 

24 ‘‘(I) IN GENERAL.—The chief 

25 elected official in a local area shall 


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1 serve as the local grant recipient for, 

2 and shall be liable for any misuse of, 

3 the grant funds allocated to the local 

4 area under section 133, unless the 

5 chief elected official reaches an agree6 ment with the Governor for the Gov7 ernor to act as the local grant recipi8 ent and bear such liability. 

9 ‘‘(II) DESIGNATION.—In order to 

10 assist in administration of the grant 

11 funds, the chief elected official or the 

12 Governor, where the Governor serves 

13 as the local grant recipient for a local 

14 area, may designate an entity to serve 

15 as a local grant subrecipient for such 

16 funds or as a local fiscal agent. Such 

17 designation shall not relieve the chief 

18 elected official or the Governor of the 

19 liability for any misuse of grant funds 

20 as described in subclause (I). 

21 ‘‘(III) DISBURSAL.—The local 

22 grant recipient or an entity designated 

23 under subclause (II) shall disburse the 

24 grant funds for workforce investment 

25 activities at the direction of the local 


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1 board, pursuant to the requirements 

2 of this title. The local grant recipient 

3 or entity designated under subclause 

4 (II) shall disburse the funds imme5 diately on receiving such direction 

6 from the local board. 

7 ‘‘(ii) STAFF.—The local board may 

8 employ staff to assist in carrying out the 

9 functions described in this subsection. 

10 ‘‘(iii) GRANTS AND DONATIONS.—The 

11 local board may solicit and accept grants 

12 and donations from sources other than 

13 Federal funds made available under this 

14 Act. 

15 ‘‘(5) SELECTION OF OPERATORS AND PRO16 VIDERS.— 

17 ‘‘(A) SELECTION OF ONE-STOP OPERA18 TORS.—Consistent with section 121(d), the 

19 local board, with the agreement of the chief 

20 elected official— 

21 ‘‘(i) shall designate or certify one-stop 

22 operators as described in section 

23 121(d)(2)(A); and 

24 ‘‘(ii) may terminate for cause the eli25 gibility of such operators. 


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1 ‘‘(B) IDENTIFICATION OF ELIGIBLE TRAIN2 ING SERVICE PROVIDERS.—Consistent with this 

3 subtitle, the local board shall identify eligible 

4 providers of training services described in sec5 tion 134(c)(4) in the local area, annually review 

6 the outcome of each such eligible provider using 

7 the criteria under section 122(b)(2), and des8 ignate eligible providers in the local area who 

9 have demonstrated the highest level of success 

10 with respect to such criteria as priority eligible 

11 providers for the following program year. 

12 ‘‘(C) IDENTIFICATION OF ELIGIBLE PRO13 VIDERS OF WORK READY SERVICES.—If the 

14 one-stop operator does not provide the services 

15 described in section 134(c)(2) in the local area, 

16 the local board shall identify eligible providers 

17 of such services in the local area by awarding 

18 contracts. 

19 ‘‘(6) PROGRAM OVERSIGHT.—The local board, 

20 in partnership with the chief elected official, shall be 

21 responsible for— 

22 ‘‘(A) ensuring the appropriate use and 

23 management of the funds provided for local em24 ployment and training activities authorized 

25 under section 134(b); and 


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1 ‘‘(B) conducting oversight of the one-stop 

2 delivery system in the local area authorized 

3 under section 121. 

4 ‘‘(7) NEGOTIATION OF LOCAL PERFORMANCE

5 MEASURES.—The local board, the chief elected offi6 cial, and the Governor shall negotiate and reach 

7 agreement on local performance measures as de8 scribed in section 136(c). 

9 ‘‘(8) TECHNOLOGY IMPROVEMENTS.—The local 

10 board shall develop strategies for technology im11 provements to facilitate access to services authorized 

12 under this subtitle and carried out in the local area, 

13 including in remote areas.’’; 

14 (4) in subsection (e)— 

15 (A) by inserting ‘‘electronic means and’’ 

16 after ‘‘regular basis through’’; and 

17 (B) by striking ‘‘and the award of grants 

18 or contracts to eligible providers of youth activi19 ties,’’; 

20 (5) in subsection (f)— 

21 (A) in paragraph (1)(A), by striking ‘‘sec22 tion 134(d)(4)’’ and inserting ‘‘section 

23 134(c)(4)’’; and 

24 (B) by striking paragraph (2) and insert25 ing the following: 


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1 ‘‘(2) WORK READY SERVICES, DESIGNATION, OR

2 CERTIFICATION AS ONE-STOP OPERATORS.—A local 

3 board may provide work ready services described in 

4 section 134(c)(2) through a one-stop delivery system 

5 described in section 121 or be designated or certified 

6 as a one-stop operator only with the agreement of 

7 the chief elected official and the Governor.’’; 

8 (6) in subsection (g)(1), by inserting ‘‘or par9 ticipate in any action taken’’ after ‘‘vote’’; and 

10 (7) by striking subsections (h) and (i). 

11 SEC. 107. LOCAL PLAN. 

12 Section 118 (29 U.S.C. 2833) is amended— 

13 (1) in subsection (a), by striking ‘‘5-year’’ and 

14 inserting ‘‘3-year’’; 

15 (2) by amending subsection (b) to read as fol16 lows: 

17 ‘‘(b) CONTENTS.—The local plan shall include— 

18 ‘‘(1) a description of the analysis of the local 

19 area’s economic and workforce conditions conducted 

20 under section 117(d)(2)(A)(i), and an assurance 

21 that the local board will use such analysis to carry 

22 out the activities under this subtitle; 

23 ‘‘(2) a description of the one-stop delivery sys24 tem in the local area, including— 


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1 ‘‘(A) a description of how the local board 

2 will ensure— 

3 ‘‘(i) the continuous improvement of el4 igible providers of services through the sys5 tem; and 

6 ‘‘(ii) that such providers meet the em7 ployment needs of local businesses and 

8 participants; and 

9 ‘‘(B) a description of how the local board 

10 will facilitate access to services provided 

11 through the one-stop delivery system consistent 

12 with section 117(d)(8); 

13 ‘‘(3) a description of the strategies and services 

14 that will be used in the local area— 

15 ‘‘(A) to more fully engage employers, in16 cluding small businesses and employers in in17 demand industries and occupations important 

18 to the local economy; 

19 ‘‘(B) to meet the needs of employers in the 

20 local area; 

21 ‘‘(C) to better coordinate workforce devel22 opment programs with economic development 

23 activities; and 

24 ‘‘(D) to better coordinate workforce devel25 opment programs with employment, training, 


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1 and literacy services carried out by nonprofit 

2 organizations, including public libraries, as ap3 propriate; 

4 ‘‘(4) a description of how the local board will 

5 convene (or help to convene) industry or sector part6 nerships that lead to collaborative planning, resource 

7 alignment, and training efforts across multiple firms 

8 for a range of workers employed or potentially em9 ployed by a targeted industry cluster— 

10 ‘‘(A) to encourage industry growth and 

11 competitiveness and to improve worker training, 

12 retention, and advancement in targeted indus13 try clusters; 

14 ‘‘(B) to address the immediate and long15 term skilled workforce needs of in-demand in16 dustries, small businesses, and other occupa17 tions important to the local economy; and 

18 ‘‘(C) to address critical skill gaps within 

19 and across industries; 

20 ‘‘(5) a description of how the funds reserved 

21 under section 117(d)(4)(A)(ii) will be used to carry 

22 out activities described in section 134(c)(4); 

23 ‘‘(6) a description of how the local board will 

24 coordinate workforce investment activities carried 


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1 out in the local area with statewide activities, as ap2 propriate; 

3 ‘‘(7) a description of how the local area will— 

4 ‘‘(A) coordinate activities with the local 

5 area’s disability community and with services 

6 provided under section 614(d)(1)(A)(i)(VIII) of 

7 the Individuals with Disabilities Education Act 

8 (20 U.S.C. 1414(d)(1)(A)(i)(VIII)) by local 

9 educational agencies serving such local area to 

10 make available comprehensive, high-quality 

11 services to individuals with disabilities; 

12 ‘‘(B) consistent with section 188 and Exec13 utive Order No. 13217 (42 U.S.C. 12131 note), 

14 serve the employment and training needs of in15 dividuals with disabilities, with a focus on em16 ployment that fosters independence and integra17 tion; and 

18 ‘‘(C) consistent with sections 504 and 508 

19 of the Rehabilitation Act of 1973, include the 

20 provision of outreach, intake, assessments, and 

21 service delivery, the development of perform22 ance measures, the training of staff, and other 

23 aspects of accessibility to programs and services 

24 under this subtitle; 


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1 ‘‘(8) a description of the local levels of perform2 ance negotiated with the Governor and chief elected 

3 official pursuant to section 136(c), to be— 

4 ‘‘(A) used to measure the performance of 

5 the local area; and 

6 ‘‘(B) used by the local board for measuring 

7 performance of the local fiscal agent (where ap8 propriate), eligible providers, and the one-stop 

9 delivery system, in the local area; 

10 ‘‘(9) a description of the process used by the 

11 local board, consistent with subsection (c), to provide 

12 an opportunity for public comment prior to submis13 sion of the plan; 

14 ‘‘(10) a description of how the local area will 

15 serve the employment and training needs of dis16 located workers (including displaced homemakers), 

17 low-income individuals (including recipients of public 

18 assistance such as the Supplemental Nutrition As19 sistance Program), long-term unemployed individ20 uals (including individuals who have exhausted enti21 tlement to State and Federal unemployment com22 pensation), English learners, homeless individuals, 

23 individuals training for nontraditional employment, 

24 youth (including out-of-school youth and at-risk 

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1 sonal farmworkers, refugee and entrants, veterans 

2 (including disabled veterans and homeless veterans), 

3 and Native Americans; 

4 ‘‘(11) an identification of the entity responsible 

5 for the disbursal of grant funds described in sub6 clause (III) of section 117(d)(4)(B)(i), as deter7 mined by the chief elected official or the Governor 

8 under such section; 

9 ‘‘(12) a description of the strategies and serv10 ices that will be used in the local area to assist at11 risk youth and out-of-school youth in acquiring the 

12 education and skills, credentials (including recog13 nized postsecondary credentials and industry-recog14 nized credentials), and employment experience to 

15 succeed in the labor market, including— 

16 ‘‘(A) training and internships in in-demand 

17 industries or occupations important to the local 

18 economy; 

19 ‘‘(B) dropout recovery activities that are 

20 designed to lead to the attainment of a regular 

21 secondary school diploma or its recognized 

22 equivalent, or other State recognized equivalent 

23 (including recognized alternative standards for 

24 individuals with disabilities); and 


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1 ‘‘(C) activities combining remediation of 

2 academic skills, work readiness training, and 

3 work experience, and including linkages to post4 secondary education and training and career5 ladder employment; 

6 ‘‘(13) a description of— 

7 ‘‘(A) how the local area will furnish em8 ployment, training, including training in ad9 vanced manufacturing, supportive, and place10 ment services to veterans, including disabled 

11 and homeless veterans; 

12 ‘‘(B) the strategies and services that will 

13 be used in the local area to assist and expedite 

14 reintegration of homeless veterans into the 

15 labor force; and 

16 ‘‘(C) the veteran population to be served in 

17 the local area; 

18 ‘‘(14) a description of— 

19 ‘‘(A) the duties assigned to the veteran 

20 employment specialist consistent with the re21 quirements of section 134(f); 

22 ‘‘(B) the manner in which the veteran em23 ployment specialist is integrated into the One24 Stop Career System described in section 121; 


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1 ‘‘(C) the date on which the veteran em2 ployment specialist was assigned; and 

3 ‘‘(D) whether the veteran employment spe4 cialist has satisfactorily competed such training 

5 by the National Veterans’ Employment and 

6 Training Services Institute; and 

7 ‘‘(15) such other information as the Governor 

8 may require.’’; 

9 (3) in subsection (c)(1), by striking ‘‘such 

10 means’’ and inserting ‘‘electronic means such’’; and 

11 (4) in subsection (c)(2), by striking ‘‘, including 

12 representatives of business and representatives of 

13 labor organizations,’’. 

14 SEC. 108. ESTABLISHMENT OF ONE-STOP DELIVERY SYS15 TEM. 

16 Section 121 (29 U.S.C. 2841) is amended— 

17 (1) in subsection (b)— 

18 (A) by striking subparagraph (A) of para19 graph (1) and inserting the following: 

20 ‘‘(A) ROLES AND RESPONSIBILITIES OF

21 ONE-STOP PARTNERS.—Each entity that carries 

22 out a program or activities described in sub23 paragraph (B) shall— 

24 ‘‘(i) provide access through the one25 stop delivery system to the program and 


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1 activities carried out by the entity, includ2 ing making the work ready services de3 scribed in section 134(c)(2) that are appli4 cable to the program of the entity available 

5 at one-stop centers (in addition to any 

6 other appropriate locations); 

7 ‘‘(ii) use a portion of the funds avail8 able to the program of the entity to main9 tain the one-stop delivery system, including 

10 payment of the infrastructure costs of one11 stop centers in accordance with subsection 

12 (h); 

13 ‘‘(iii) enter into a local memorandum 

14 of understanding with the local board re15 lating to the operation of the one-stop de16 livery system that meets the requirements 

17 of subsection (c); and 

18 ‘‘(iv) participate in the operation of 

19 the one-stop delivery system consistent 

20 with the terms of the memorandum of un21 derstanding, the requirements of this title, 

22 and the requirements of the Federal laws 

23 authorizing the programs carried out by 

24 the entity.’’; 

25 (B) in paragraph (1)(B)— 


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1 (i) by striking clauses (ii), (v), and 

2 (vi); 

3 (ii) by redesignating clauses (iii) and 

4 (iv) as clauses (ii) and (iii), respectively; 

5 (iii) by redesignating clauses (vii) 

6 through (xii) as clauses (iv) through (ix), 

7 respectively; 

8 (iv) in clause (viii), as so redesig9 nated, by striking ‘‘and’’ at the end; 

10 (v) in clause (ix), as so redesignated, 

11 by striking the period and inserting ‘‘; 

12 and’’; and 

13 (vi) by adding at the end the fol14 lowing: 

15 ‘‘(x) subject to subparagraph (C), pro16 grams authorized under part A of title IV 

17 of the Social Security Act (42 U.S.C. 601 

18 et seq.).’’; 

19 (C) by inserting after paragraph (1)(B) 

20 the following: 

21 ‘‘(C) DETERMINATION BY THE GOV22 ERNOR.—Each entity carrying out a program 

23 described in subparagraph (B)(x) shall carry 

24 out the required partner activities described in 

25 subparagraph (A) unless the Governor of the 


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1 State in which the local area is located provides 

2 the Secretary and Secretary of Health and 

3 Human Services written notice of a determina4 tion by the Governor that such entities shall not 

5 carry out such required partner activities.’’; and 

6 (D) in paragraph (2)— 

7 (i) in subparagraph (A)(i), by striking 

8 ‘‘section 134(d)(2)’’ and inserting ‘‘section 

9 134(c)(2)’’; and 

10 (ii) in subparagraph (B)— 

11 (I) by striking clauses (i), (ii), 

12 and (v); 

13 (II) in clause (iv), by striking 

14 ‘‘and’’ at the end; 

15 (III) by redesignating clauses 

16 (iii) and (iv) as clauses (i) and (ii), re17 spectively; and 

18 (IV) by adding at the end the fol19 lowing: 

20 ‘‘(iii) employment and training pro21 grams administered by the Commissioner 

22 of the Social Security Administration; 

23 ‘‘(iv) employment and training pro24 grams carried out by the Administrator of 

25 the Small Business Administration; 


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1 ‘‘(v) employment, training, and lit2 eracy services carried out by public librar3 ies; and 

4 ‘‘(vi) other appropriate Federal, State, 

5 or local programs, including programs in 

6 the private sector.’’; 

7 (2) in subsection (c)(2), by amending subpara8 graph (A) to read as follows: 

9 ‘‘(A) provisions describing— 

10 ‘‘(i) the services to be provided 

11 through the one-stop delivery system con12 sistent with the requirements of this sec13 tion, including the manner in which the 

14 services will be coordinated through such 

15 system; 

16 ‘‘(ii) how the costs of such services 

17 and the operating costs of such system will 

18 be funded, through cash and in-kind con19 tributions, to provide a stable and equi20 table funding stream for ongoing one-stop 

21 system operations, including the funding of 

22 the infrastructure costs of one-stop centers 

23 in accordance with subsection (h); 

24 ‘‘(iii) methods of referral of individ25 uals between the one-stop operator and the 


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1 one-stop partners for appropriate services 

2 and activities, including referrals for non3 traditional employment; and 

4 ‘‘(iv) the duration of the memo5 randum of understanding and the proce6 dures for amending the memorandum dur7 ing the term of the memorandum, and as8 surances that such memorandum shall be 

9 reviewed not less than once every 3-year 

10 period to ensure appropriate funding and 

11 delivery of services; and’’; 

12 (3) in subsection (d)— 

13 (A) in the heading for paragraph (1), by 

14 striking ‘‘DESIGNATION AND CERTIFICATION’’ 

15 and inserting ‘‘LOCAL DESIGNATION AND CER16 TIFICATION’’; 

17 (B) in paragraph (2)— 

18 (i) by striking ‘‘section 134(c)’’ and 

19 inserting ‘‘subsection (e)’’; 

20 (ii) by amending subparagraph (A) to 

21 read as follows: 

22 ‘‘(A) shall be designated or certified as a 

23 one-stop operator through a competitive proc24 ess; and’’; and 


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1 (iii) in subparagraph (B), by striking 

2 clause (ii) and redesignating clauses (iii) 

3 through (vi) as clauses (ii) through (v), re4 spectively; and 

5 (C) in paragraph (3), by striking ‘‘voca6 tional’’ and inserting ‘‘career and technical’’; 

7 (4) by amending subsection (e) to read as fol8 lows: 

9 ‘‘(e) ESTABLISHMENT OF ONE-STOP DELIVERY SYS10 TEM.— 

11 ‘‘(1) IN GENERAL.—There shall be established 

12 in a State that receives an allotment under section 

13 132(b) a one-stop delivery system, which shall— 

14 ‘‘(A) provide the work ready services de15 scribed in section 134(c)(2); 

16 ‘‘(B) provide access to training services as 

17 described in section 134(c)(4), including serving 

18 as the point of access to career enhancement 

19 accounts for training services to participants in 

20 accordance with paragraph (4)(F) of such sec21 tion; 

22 ‘‘(C) provide access to the activities carried 

23 out under section 134(d), if any; 

24 ‘‘(D) provide access to programs and ac25 tivities carried out by one-stop partners that 


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1 are described in subsection (b) of this section; 

2 and 

3 ‘‘(E) provide access to the information de4 scribed in section 15(e) of the Wagner-Peyser 

5 Act (29 U.S.C. 49l–2(e)). 

6 ‘‘(2) ONE-STOP DELIVERY.—At a minimum, the 

7 one-stop delivery system— 

8 ‘‘(A) shall make each of the programs, 

9 services, and activities described in paragraph 

10 (1) accessible at not less than one physical cen11 ter in each local area of the State; and 

12 ‘‘(B) may also make programs, services, 

13 and activities described in paragraph (1) avail14 able— 

15 ‘‘(i) through a network of affiliated 

16 sites that can provide one or more of the 

17 programs, services, and activities to indi18 viduals; and 

19 ‘‘(ii) through a network of eligible 

20 one-stop partners— 

21 ‘‘(I) in which each partner pro22 vides one or more of the programs, 

23 services, and activities to such individ24 uals and is accessible at an affiliated 

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1 tion or an electronically- or techno2 logically-linked access point; and 

3 ‘‘(II) that assures individuals 

4 that information on the availability of 

5 the work ready services will be avail6 able regardless of where the individ7 uals initially enter the statewide work8 force investment system, including in9 formation made available through an 

10 access point described in subclause 

11 (I). 

12 ‘‘(3) SPECIALIZED CENTERS.—The centers and 

13 sites described in paragraph (2) may have a speciali14 zation in addressing special needs.’’; and 

15 (5) by adding at the end the following: 

16 ‘‘(g) CERTIFICATION OF ONE-STOP CENTERS.— 

17 ‘‘(1) IN GENERAL.— 

18 ‘‘(A) IN GENERAL.—The State board shall 

19 establish objective procedures and criteria for 

20 certifying, at least once every 3 years, one-stop 

21 centers for the purpose of awarding the one22 stop infrastructure funding described in sub23 section (h). 

24 ‘‘(B) CRITERIA.—The criteria for certifi25 cation under this subsection shall include— 


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1 ‘‘(i) meeting all of the expected levels 

2 of performance for each of the core indica3 tors of performance as outlined in the 

4 State plan under section 112; 

5 ‘‘(ii) meeting minimum standards re6 lating to the scope and degree of service 

7 integration achieved by the centers involv8 ing the programs provided by the one-stop 

9 partners; and 

10 ‘‘(iii) meeting minimum standards re11 lating to how the centers ensure that eligi12 ble providers meet the employment needs 

13 of local employers and participants. 

14 ‘‘(C) EFFECT OF CERTIFICATION.—One15 stop centers certified under this subsection shall 

16 be eligible to receive the infrastructure grants 

17 authorized under subsection (h). 

18 ‘‘(2) LOCAL BOARDS.—Consistent with the cri19 teria developed by the State, the local board may de20 velop additional criteria of higher standards to re21 spond to local labor market and demographic condi22 tions and trends. 

23 ‘‘(h) ONE-STOP INFRASTRUCTURE FUNDING.— 

24 ‘‘(1) PARTNER CONTRIBUTIONS.— 


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1 ‘‘(A) PROVISION OF FUNDS.—Notwith2 standing any other provision of law, as deter3 mined under subparagraph (B), a portion of the 

4 Federal funds provided to the State and areas 

5 within the State under the Federal laws author6 izing the one-stop partner programs described 

7 in subsection (b)(1)(B) and participating addi8 tional partner programs described in subsection 

9 (b)(2)(B) for a fiscal year shall be provided to 

10 the Governor by such programs to carry out 

11 this subsection. 

12 ‘‘(B) DETERMINATION OF GOVERNOR.— 

13 ‘‘(i) IN GENERAL.—Subject to sub14 paragraph (C), the Governor, in consulta15 tion with the State board, shall determine 

16 the portion of funds to be provided under 

17 subparagraph (A) by each one-stop partner 

18 and in making such determination shall 

19 consider the proportionate use of the one20 stop centers by each partner, the costs of 

21 administration for purposes not related to 

22 one-stop centers for each partner, and 

23 other relevant factors described in para24 graph (3). 


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1 ‘‘(ii) SPECIAL RULE.—In those States 

2 where the State constitution places policy3 making authority that is independent of 

4 the authority of the Governor in an entity 

5 or official with respect to the funds pro6 vided for adult education and literacy ac7 tivities authorized under title II of this Act 

8 and for postsecondary career education ac9 tivities authorized under the Carl D. Per10 kins Career and Technical Education Act, 

11 the determination described in clause (i) 

12 with respect to such programs shall be 

13 made by the Governor with the appropriate 

14 entity or official with such independent 

15 policy-making authority. 

16 ‘‘(iii) APPEAL BY ONE-STOP PART17 NERS.—The Governor shall establish a 

18 procedure for the one-stop partner admin19 istering a program described in subsection 

20 (b) to appeal a determination regarding 

21 the portion of funds to be contributed 

22 under this paragraph on the basis that 

23 such determination is inconsistent with the 

24 criteria described in the State plan or with 

25 the requirements of this paragraph. Such 


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1 procedure shall ensure prompt resolution 

2 of the appeal. 

3 ‘‘(C) LIMITATIONS.— 

4 ‘‘(i) PROVISION FROM ADMINISTRA5 TIVE FUNDS.—The funds provided under 

6 this paragraph by each one-stop partner 

7 shall be provided only from funds available 

8 for the costs of administration under the 

9 program administered by such partner, 

10 and shall be subject to the limitations with 

11 respect to the portion of funds under such 

12 programs that may be used for administra13 tion. 

14 ‘‘(ii) FEDERAL DIRECT SPENDING

15 PROGRAMS.—Programs that are Federal 

16 direct spending under section 250(c)(8) of 

17 the Balanced Budget and Emergency Def18 icit Control Act of 1985 (2 U.S.C. 

19 900(c)(8)) shall not, for purposes of this 

20 paragraph, be required to provide an 

21 amount in excess of the amount deter22 mined to be equivalent to the proportionate 

23 use of the one-stop centers by such pro24 grams in the State. 


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1 ‘‘(2) ALLOCATION BY GOVERNOR.—From the 

2 funds provided under paragraph (1), the Governor 

3 shall allocate funds to local areas in accordance with 

4 the formula established under paragraph (3) for the 

5 purposes of assisting in paying the costs of the in6 frastructure of one-stop centers certified under sub7 section (g). 

8 ‘‘(3) ALLOCATION FORMULA.—The State board 

9 shall develop a formula to be used by the Governor 

10 to allocate the funds described in paragraph (1). 

11 The formula shall include such factors as the State 

12 board determines are appropriate, which may in13 clude factors such as the number of centers in the 

14 local area that have been certified, the population 

15 served by such centers, and the performance of such 

16 centers. 

17 ‘‘(4) COSTS OF INFRASTRUCTURE.—For pur18 poses of this subsection, the term ‘costs of infra19 structure’ means the nonpersonnel costs that are 

20 necessary for the general operation of a one-stop 

21 center, including the rental costs of the facilities, the 

22 costs of utilities and maintenance, and equipment 

23 (including assistive technology for individuals with 

24 disabilities). 

25 ‘‘(i) OTHER FUNDS.— 


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1 ‘‘(1) IN GENERAL.—In addition to the funds 

2 provided to carry out subsection (h), a portion of 

3 funds made available under Federal law authorizing 

4 the one-stop partner programs described in sub5 section (b)(1)(B) and participating additional part6 ner programs described in subsection (b)(2)(B), or 

7 the noncash resources available under such pro8 grams shall be used to pay the costs relating to the 

9 operation of the one-stop delivery system that are 

10 not paid for from the funds provided under sub11 section (h), to the extent not inconsistent with the 

12 Federal law involved including— 

13 ‘‘(A) infrastructure costs that are in excess 

14 of the funds provided under subsection (h); 

15 ‘‘(B) common costs that are in addition to 

16 the costs of infrastructure; and 

17 ‘‘(C) the costs of the provision of work 

18 ready services applicable to each program. 

19 ‘‘(2) DETERMINATION AND GUIDANCE.—The 

20 method for determining the appropriate portion of 

21 funds and noncash resources to be provided by each 

22 program under paragraph (1) shall be determined as 

23 part of the memorandum of understanding under 

24 subsection (c). The State board shall provide guid25 ance to facilitate the determination of appropriate 


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1 allocation of the funds and noncash resources in 

2 local areas.’’. 

3 SEC. 109. IDENTIFICATION OF ELIGIBLE PROVIDERS OF 

4 TRAINING SERVICES. 

5 Section 122 (29 U.S.C. 2842) is amended to read as 

6 follows: 

7 ‘‘SEC. 122. IDENTIFICATION OF ELIGIBLE PROVIDERS OF 

8 TRAINING SERVICES. 

9 ‘‘(a) ELIGIBILITY.— 

10 ‘‘(1) IN GENERAL.—The Governor, after con11 sultation with the State board, shall establish cri12 teria and procedures regarding the eligibility of pro13 viders of training services described in section 

14 134(c)(4) to receive funds provided under section 

15 133(b) for the provision of such training services. 

16 ‘‘(2) PROVIDERS.—Subject to the provisions of 

17 this section, to be eligible to receive the funds pro18 vided under section 133(b) for the provision of train19 ing services, the provider shall be— 

20 ‘‘(A) a postsecondary educational institu21 tion that— 

22 ‘‘(i) is eligible to receive Federal funds 

23 under title IV of the Higher Education Act 

24 of 1965 (20 U.S.C. 1070 et seq.); and 


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1 ‘‘(ii) provides a program that leads to 

2 a recognized postsecondary credential; 

3 ‘‘(B) an entity that carries out programs 

4 under the Act of August 16, 1937 (commonly 

5 known as the ‘National Apprenticeship Act’; 50 

6 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.); 

7 or 

8 ‘‘(C) another public or private provider of 

9 a program of training services. 

10 ‘‘(3) INCLUSION IN LIST OF ELIGIBLE PRO11 VIDERS.—A provider described in subparagraph (A) 

12 or (C) of paragraph (2) shall comply with the cri13 teria and procedures established under this section 

14 to be included on the list of eligible providers of 

15 training services described in subsection (d). A pro16 vider described in paragraph (2)(B) shall be in17 cluded on the list of eligible providers of training 

18 services described in subsection (d) for so long as 

19 the provider remains certified by the Secretary of 

20 Labor to carry out the programs described in para21 graph (2)(B). 

22 ‘‘(b) CRITERIA.— 

23 ‘‘(1) IN GENERAL.—The criteria established 

24 pursuant to subsection (a) shall take into account— 


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1 ‘‘(A) the performance of providers of train2 ing services with respect to the performance 

3 measures described in section 136 and other 

4 matters for which information is required under 

5 paragraph (2) and other appropriate measures 

6 of performance outcomes for those participants 

7 receiving training services under this subtitle; 

8 ‘‘(B) whether the training programs of 

9 such providers relate to occupations that are in 

10 demand; 

11 ‘‘(C) the need to ensure access to training 

12 services throughout the State, including in rural 

13 areas; 

14 ‘‘(D) the ability of providers to offer pro15 grams that lead to a recognized postsecondary 

16 credential; 

17 ‘‘(E) the information such providers are 

18 required to report to State agencies with re19 spect to other Federal and State programs 

20 (other than the program carried out under this 

21 subtitle), including one-stop partner programs; 

22 and 

23 ‘‘(F) such other factors as the Governor 

24 determines are appropriate. 


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1 ‘‘(2) INFORMATION.—The criteria established 

2 by the Governor shall require that a provider of 

3 training services submit appropriate, accurate, and 

4 timely information to the State for purposes of car5 rying out subsection (d), with respect to participants 

6 receiving training services under this subtitle in the 

7 applicable program, including— 

8 ‘‘(A) information on recognized postsec9 ondary credentials received by such partici10 pants; 

11 ‘‘(B) information on costs of attendance 

12 for such participants; 

13 ‘‘(C) information on the program comple14 tion rate for such participants; and 

15 ‘‘(D) information on the performance of 

16 the provider with respect to the performance 

17 measures described in section 136 for such par18 ticipants. 

19 ‘‘(3) RENEWAL.—The criteria established by 

20 the Governor shall also provide for a review every 3 

21 years and renewal of eligibility under this section for 

22 providers of training services. 

23 ‘‘(4) LOCAL CRITERIA.—A local board in the 

24 State may establish criteria in addition to the cri25 teria established by the Governor, or may require 


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1 higher levels of performance than required under the 

2 criteria established by the Governor, for purposes of 

3 determining the eligibility of providers of training 

4 services to receive funds described in subsection (a) 

5 to provide the services in the local area involved. 

6 ‘‘(5) LIMITATION.—In carrying out the require7 ments of this subsection, no personally identifiable 

8 information regarding a student, including Social 

9 Security number, student identification number, or 

10 other identifier, may be disclosed without the prior 

11 written consent of the parent or eligible student in 

12 compliance with section 444 of the General Edu13 cation Provisions Act (20 U.S.C. 1232g). 

14 ‘‘(c) PROCEDURES.—The procedures established 

15 under subsection (a) shall— 

16 ‘‘(1) identify— 

17 ‘‘(A) the application process for a provider 

18 of training services to become eligible to receive 

19 funds under section 133(b) for the provision of 

20 training services; and 

21 ‘‘(B) the respective roles of the State and 

22 local areas in receiving and reviewing applica23 tions and in making determinations of eligibility 

24 based on the criteria established under this sec25 tion; and 


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1 ‘‘(2) establish a process for a provider of train2 ing services to appeal a denial or termination of eli3 gibility under this section that includes an oppor4 tunity for a hearing and prescribes appropriate time 

5 limits to ensure prompt resolution of the appeal. 

6 ‘‘(d) INFORMATION TO ASSIST PARTICIPANTS IN

7 CHOOSING PROVIDERS.—In order to facilitate and assist 

8 participants under chapter 5 in choosing providers of 

9 training services, the Governor shall ensure that an appro10 priate list or lists of providers determined eligible under 

11 this section in the State, including information provided 

12 under subsection (b)(2) with respect to such providers, is 

13 provided to the local boards in the State and is made avail14 able to such participants and to members of the public 

15 through the one-stop delivery system in the State. 

16 ‘‘(e) ENFORCEMENT.— 

17 ‘‘(1) IN GENERAL.—The criteria and proce18 dures established under this section shall provide the 

19 following: 

20 ‘‘(A) INTENTIONALLY SUPPLYING INAC21 CURATE INFORMATION.—Upon a determination, 

22 by an individual or entity specified in the cri23 teria or procedures, that a provider of training 

24 services, or individual providing information on 

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1 accurate information under this section, the eli2 gibility of such provider to receive funds under 

3 chapter 5 shall be terminated for a period of 

4 time that is not less than 2 years. 

5 ‘‘(B) SUBSTANTIAL VIOLATIONS.—Upon a 

6 determination, by an individual or entity speci7 fied in the criteria or procedures, that a pro8 vider of training services substantially violated 

9 any requirement under this title, the eligibility 

10 of such provider to receive funds under the pro11 gram involved shall be terminated for a period 

12 of time that is not less than 10 years. 

13 ‘‘(C) REPAYMENT.—A provider of training 

14 services whose eligibility is terminated under 

15 subparagraph (A) or (B) shall be liable for the 

16 repayment of funds received under chapter 5 

17 during a period of noncompliance described in 

18 such subparagraph. 

19 ‘‘(2) CONSTRUCTION.—Paragraph (1) shall be 

20 construed to provide remedies and penalties that 

21 supplement, but do not supplant, other civil and 

22 criminal remedies and penalties. 

23 ‘‘(f) AGREEMENTS WITH OTHER STATES.—States 

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1 mit eligible providers of training services to accept career 

2 enhancement accounts provided in another State. 

3 ‘‘(g) RECOMMENDATIONS.—In developing the cri4 teria, procedures, and information required under this sec5 tion, the Governor shall solicit and take into consideration 

6 the recommendations of local boards and providers of 

7 training services within the State. 

8 ‘‘(h) OPPORTUNITY TO SUBMIT COMMENTS.—Dur9 ing the development of the criteria, procedures, require10 ments for information, and the list of eligible providers 

11 required under this section, the Governor shall provide an 

12 opportunity for interested members of the public to submit 

13 comments regarding such criteria, procedures, and infor14 mation. 

15 ‘‘(i) ON-THE-JOB TRAINING OR CUSTOMIZED TRAIN16 ING EXCEPTION.— 

17 ‘‘(1) IN GENERAL.—Providers of on-the-job 

18 training or customized training shall not be subject 

19 to the requirements of subsections (a) through (d). 

20 ‘‘(2) COLLECTION AND DISSEMINATION OF IN21 FORMATION.—A one-stop operator in a local area 

22 shall collect such performance information from on23 the-job training and customized training providers 

24 as the Governor may require, determine whether the 

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1 ernor may require, and disseminate information 

2 identifying providers that meet the criteria as eligi3 ble providers, and the performance information, 

4 through the one-stop delivery system. Providers de5 termined to meet the criteria shall be considered to 

6 be identified as eligible providers of training serv7 ices.’’. 

8 SEC. 110. GENERAL AUTHORIZATION. 

9 Chapter 5 of subtitle B of title I is amended— 

10 (1) by striking the heading for chapter 5 and 

11 inserting the following: ‘‘EMPLOYMENT AND 

12 TRAINING ACTIVITIES’’; and 

13 (2) in section 131 (29 U.S.C. 2861)— 

14 (A) by striking ‘‘paragraphs (1)(B) and 

15 (2)(B) of’’; and 

16 (B) by striking ‘‘adults, and dislocated 

17 workers,’’ and inserting ‘‘individuals’’. 

18 SEC. 111. STATE ALLOTMENTS. 

19 Section 132 (29 U.S.C. 2862) is amended— 

20 (1) by amending subsection (a) to read as fol21 lows: 

22 ‘‘(a) IN GENERAL.—The Secretary shall— 

‘‘(1) reserve 1 23 ⁄2 of 1 percent of the total amount 

24 appropriated under section 137 for a fiscal year, of 

25 which— 


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1 ‘‘(A) 50 percent shall be used to provide 

2 technical assistance under section 170; and 

3 ‘‘(B) 50 percent shall be used for evalua4 tions under section 172; 

5 ‘‘(2) reserve 1 percent of the total amount ap6 propriated under section 137 for a fiscal year to 

7 make grants to, and enter into contracts or coopera8 tive agreements with Indian tribes, tribal organiza9 tions, Alaska-Native entities, Indian-controlled orga10 nizations serving Indians, or Native Hawaiian orga11 nizations to carry out employment and training ac12 tivities; 

13 ‘‘(3) reserve not more than 25 percent of the 

14 total amount appropriated under section 137 for a 

15 fiscal year to carry out the Jobs Corps program 

16 under subtitle C; 

17 ‘‘(4) reserve not more than 3.5 percent of the 

18 total amount appropriated under section 137 for a 

19 fiscal year to— 

20 ‘‘(A) make grants to State or local boards 

21 to provide employment and training assistance 

22 to workers affected by major economic disloca23 tions, such as plant closures, mass layoffs, or 

24 closures and realignments of military installa25 tions; and 


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1 ‘‘(B) provide assistance to Governors of 

2 States with an area that has suffered an emer3 gency or a major disaster (as such terms are 

4 defined in paragraphs (1) and (2), respectively, 

5 of section 102 of the Robert T. Stafford Dis6 aster Relief and Emergency Assistance Act (42 

7 U.S.C. 5122)) to provide disaster relief employ8 ment in the area; and 

9 ‘‘(5) from the remaining amount appropriated 

10 under section 137 for a fiscal year (after reserving 

11 funds under paragraphs (1) through (4)), make al12 lotments in accordance with subsection (b) of this 

13 section.’’; and 

14 (2) by amending subsection (b) to read as fol15 lows: 

16 ‘‘(b) WORKFORCE INVESTMENT FUND.— 

17 ‘‘(1) RESERVATION FOR OUTLYING AREAS.— 

18 ‘‘(A) IN GENERAL.—From the amount 

19 made available under subsection (a)(5) for a 

20 fiscal year, the Secretary shall reserve not more 

than 1 21 ⁄4 of 1 percent to provide assistance to 

22 the outlying areas. 

23 ‘‘(B) RESTRICTION.—The Republic of 

24 Palau shall cease to be eligible to receive fund25 ing under this subparagraph upon entering into 


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1 an agreement for extension of United States 

2 educational assistance under the Compact of 

3 Free Association (approved by the Compact of 

4 Free Association Amendments Act of 2003 

5 (Public Law 99–658)) after the date of enact6 ment of the SKILLS Act. 

7 ‘‘(2) STATES.— 

8 ‘‘(A) IN GENERAL.—After determining the 

9 amount to be reserved under paragraph (1), the 

10 Secretary shall allot the remainder of the 

11 amount referred to in subsection (a)(5) for a 

12 fiscal year to the States pursuant to subpara13 graph (B) for employment and training activi14 ties and statewide workforce investment activi15 ties. 

16 ‘‘(B) FORMULA.—Subject to subpara17 graphs (C) and (D), of the remainder— 

18 ‘‘(i) 25 percent shall be allotted on the 

19 basis of the relative number of unemployed 

20 individuals in areas of substantial unem21 ployment in each State, compared to the 

22 total number of unemployed individuals in 

23 areas of substantial unemployment in all 

24 States; 


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1 ‘‘(ii) 25 percent shall be allotted on 

2 the basis of the relative number of individ3 uals in the civilian labor force in each 

4 State, compared to the total number of 

5 such individuals in all States; 

6 ‘‘(iii) 25 percent shall be allotted on 

7 the basis of the relative number of individ8 uals in each State who have been unem9 ployed for 15 weeks or more, compared to 

10 the total number of individuals in all 

11 States who have been unemployed for 15 

12 weeks or more; and 

13 ‘‘(iv) 25 percent shall be allotted on 

14 the basis of the relative number of dis15 advantaged youth in each State, compared 

16 to the total number of disadvantaged youth 

17 in all States. 

18 ‘‘(C) MINIMUM AND MAXIMUM PERCENT19 AGES.— 

20 ‘‘(i) MINIMUM PERCENTAGE.—The 

21 Secretary shall ensure that no State shall 

22 receive an allotment under this paragraph 

23 for— 

24 ‘‘(I) each of fiscal years 2014 

25 through 2016, that is less than 100 


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1 percent of the allotment percentage of 

2 the State for fiscal year 2012; and 

3 ‘‘(II) fiscal year 2017 and each 

4 succeeding fiscal year, that is less 

5 than 90 percent of the allotment per6 centage of the State for the preceding 

7 fiscal year. 

8 ‘‘(ii) MAXIMUM PERCENTAGE.—Sub9 ject to clause (i), the Secretary shall en10 sure that no State shall receive an allot11 ment under this paragraph for— 

12 ‘‘(I) each of fiscal years 2014 

13 through 2016, that is more than 130 

14 percent of the allotment percentage of 

15 the State for fiscal year 2012; and 

16 ‘‘(II) fiscal year 2017 and each 

17 succeeding fiscal year, that is more 

18 than 130 percent of the allotment per19 centage of the State for the preceding 

20 fiscal year. 

21 ‘‘(D) SMALL STATE MINIMUM ALLOT22 MENT.—Subject to subparagraph (C), the Sec23 retary shall ensure that no State shall receive 

24 an allotment under this paragraph for a fiscal 

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1 mainder described in subparagraph (A) for the 

2 fiscal year. 

3 ‘‘(E) DEFINITIONS.—For the purpose of 

4 the formula specified in this paragraph: 

5 ‘‘(i) ALLOTMENT PERCENTAGE.—The 

6 term ‘allotment percentage’— 

7 ‘‘(I) used with respect to fiscal 

8 year 2012, means the percentage of 

9 the amounts allotted to States under 

10 title I of this Act, title V of the Older 

11 Americans Act of 1965 (42 U.S.C. 

12 3056 et seq.), the Women in Appren13 ticeship and Nontraditional Occupa14 tions Act (29 U.S.C. 2501 et seq.), 

15 sections 4103A and 4104 of title 38, 

16 United States Code, and sections 1 

17 through 14 of the Wagner-Peyser Act 

18 (29 U.S.C. 49 et seq.), as such provi19 sions were in effect for fiscal year 

20 2012, that is received under such pro21 visions by the State involved for fiscal 

22 year 2012; and 

23 ‘‘(II) used with respect to fiscal 

24 year 2016 or a succeeding fiscal year, 

25 means the percentage of the amounts 


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1 allotted to States under this para2 graph for the fiscal year that is re3 ceived under this paragraph by the 

4 State involved for the fiscal year. 

5 ‘‘(ii) DISADVANTAGED YOUTH.—The 

6 term ‘disadvantaged youth’ means an indi7 vidual who is not less than age 16 and not 

8 more than age 24 who receives an income, 

9 or is a member of a family that received a 

10 total family income, that in relation to 

11 family size, does not exceed the higher 

12 of— 

13 ‘‘(I) the poverty line; or 

14 ‘‘(II) 70 percent of the lower liv15 ing standard income level. 

16 ‘‘(iii) INDIVIDUAL.—The term ‘indi17 vidual’ means an individual who is age 16 

18 or older.’’. 

19 SEC. 112. WITHIN STATE ALLOCATIONS. 

20 Section 133 is amended— 

21 (1) by amending subsection (a) to read as fol22 lows: 

23 ‘‘(a) RESERVATIONS FOR STATEWIDE WORKFORCE

24 INVESTMENT ACTIVITIES.— 


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1 ‘‘(1) STATEWIDE EMPLOYMENT AND TRAINING

2 ACTIVITIES.—The Governor of a State shall reserve 

3 up to 15 percent of the total amount allotted to the 

4 State under section 132(b)(2) for a fiscal year to 

5 carry out the statewide activities described in section 

6 134(a). 

7 ‘‘(2) STATEWIDE RAPID RESPONSE ACTIVI8 TIES.—Of the amount reserved under paragraph (1) 

9 for a fiscal year, the Governor of the State shall re10 serve not more than 25 percent for statewide rapid 

11 response activities described in section 134(a)(4). 

12 ‘‘(3) STATEWIDE GRANTS FOR INDIVIDUALS

13 WITH BARRIERS TO EMPLOYMENT.—Of the amount 

14 reserved under paragraph (1) for a fiscal year, the 

15 Governor of a State shall reserve 15 percent to carry 

16 out statewide activities described in section 

17 134(a)(5). 

18 ‘‘(4) STATE ADMINISTRATIVE COST LIMIT.—Not 

19 more than 5 percent of the funds reserved under 

20 paragraph (1) may be used by the Governor of a 

21 State for administrative costs of carrying out the 

22 statewide activities described in section 134(a).’’; 

23 (2) by amending subsection (b) to read as fol24 lows: 

25 ‘‘(b) WITHIN STATE ALLOCATION.— 


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1 ‘‘(1) METHODS.—The Governor, acting in ac2 cordance with the State plan, and after consulting 

3 with chief elected officials in the local areas, shall— 

4 ‘‘(A) allocate the funds that are allotted to 

5 the State for employment and training activities 

6 and not reserved under subsection (a), in ac7 cordance with paragraph (2)(A); and 

8 ‘‘(B) award the funds that are reserved by 

9 the State under subsection (a)(3) through com10 petitive grants to eligible entities, in accordance 

11 with section 134(a)(1)(C). 

12 ‘‘(2) FORMULA ALLOCATIONS FOR THE WORK13 FORCE INVESTMENT FUND.— 

14 ‘‘(A) ALLOCATION.—In allocating the 

15 funds described in paragraph (1)(A) to local 

16 areas, a State shall allocate— 

17 ‘‘(i) 25 percent on the basis described 

18 in section 132(b)(2)(B)(i); 

19 ‘‘(ii) 25 percent on the basis described 

20 in section 132(b)(2)(B)(ii); 

21 ‘‘(iii) 25 percent on the basis de22 scribed in section 132(b)(2)(B)(iii); and 

23 ‘‘(iv) 25 percent on the basis de24 scribed in section 132(b)(2)(B)(iv). 


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1 ‘‘(B) MINIMUM AND MAXIMUM PERCENT2 AGES.— 

3 ‘‘(i) MINIMUM PERCENTAGE.—The 

4 State shall ensure that no local area shall 

5 receive an allocation under this paragraph 

6 for— 

7 ‘‘(I) each of fiscal years 2014 

8 through 2016, that is less than 100 

9 percent of the allocation percentage of 

10 the local area for fiscal year 2012; 

11 and 

12 ‘‘(II) fiscal year 2017 and each 

13 succeeding fiscal year, that is less 

14 than 90 percent of the allocation per15 centage of the local area for the pre16 ceding fiscal year. 

17 ‘‘(ii) MAXIMUM PERCENTAGE.—Sub18 ject to clause (i), the State shall ensure 

19 that no local area shall receive an alloca20 tion for a fiscal year under this paragraph 

21 for— 

22 ‘‘(I) each of fiscal years 2014 

23 through 2016, that is more than 130 

24 percent of the allocation percentage of 


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1 the local area for fiscal year 2012; 

2 and 

3 ‘‘(II) fiscal year 2017 and each 

4 succeeding fiscal year, that is more 

5 than 130 percentage of the allocation 

6 percentage of the local area for the 

7 preceding fiscal year. 

8 ‘‘(C) DEFINITIONS.—For the purpose of 

9 the formula specified in this paragraph, the 

10 term ‘allocation percentage’— 

11 ‘‘(i) used with respect to fiscal year 

12 2012, means the percentage of the 

13 amounts allocated to local areas under title 

14 I of this Act, title V of the Older Ameri15 cans Act of 1965 (42 U.S.C. 3056 et seq.), 

16 the Women in Apprenticeship and Non17 traditional Occupations Act (29 U.S.C. 

18 2501 et seq.), sections 4103A and 4104 of 

19 title 38, United States Code, and sections 

20 1 through 14 of the Wagner-Peyser Act 

21 (29 U.S.C. 49 et seq.), as such provisions 

22 were in effect for fiscal year 2012, that is 

23 received under such provisions by the local 

24 area involved for fiscal year 2012; and 


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1 ‘‘(ii) used with respect to fiscal year 

2 2016 or a succeeding fiscal year, means 

3 the percentage of the amounts allocated to 

4 local areas for the fiscal year under this 

5 paragraph that is received under this para6 graph by the local area involved for the fis7 cal year.’’; 

8 (3) in subsection (c)— 

9 (A) by amending paragraph (1) to read as 

10 follows: 

11 ‘‘(1) IN GENERAL.—The Governor, may in ac12 cordance with this subsection, reallocate to eligible 

13 local areas within the State amounts that are allo14 cated under subsection (b) for employment and 

15 training activities and that are available for realloca16 tion.’’; 

17 (B) in paragraph (2), by striking ‘‘para18 graph (2)(A) or (3) of subsection (b) for such 

19 activities’’ and inserting ‘‘subsection (b) for 

20 such activities’’; 

21 (C) by amending paragraph (3) to read as 

22 follows: 

23 ‘‘(3) REALLOCATIONS.—In making reallocations 

24 to eligible local areas of amounts available pursuant 

25 to paragraph (2) for a program year, the Governor 


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1 shall allocate to each eligible local area within the 

2 State an amount based on the relative amount allo3 cated to such local area under subsection (b)(2) for 

4 such activities for such prior program year, as com5 pared to the total amount allocated to all eligible 

6 local areas in the State under subsection (b)(2) for 

7 such activities for such prior program year.’’; and 

8 (D) in paragraph (4), by striking ‘‘para9 graph (2)(A) or (3) of’’; and 

10 (4) by adding at the end the following new sub11 section: 

12 ‘‘(d) LOCAL ADMINISTRATIVE COST LIMIT.—Of the 

13 amounts allocated to a local area under this section for 

14 a fiscal year, not more than 10 percent of the amount 

15 may be used by the local board involved for the adminis16 trative costs of carrying out local workforce investment ac17 tivities in the local area under this chapter.’’. 

18 SEC. 113. USE OF FUNDS FOR EMPLOYMENT AND TRAINING 

19 ACTIVITIES. 

20 Section 134 is amended— 

21 (1) by amending subsection (a) to read as fol22 lows: 

23 ‘‘(a) STATEWIDE EMPLOYMENT AND TRAINING AC24 TIVITIES.— 

25 ‘‘(1) IN GENERAL.— 


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1 ‘‘(A) DISTRIBUTION OF STATEWIDE AC2 TIVITIES.—Funds reserved by a Governor for a 

3 State as described in section 133(a)(1)— 

4 ‘‘(i) shall be used to carry out the 

5 statewide employment and training activi6 ties described in paragraph (2); and 

7 ‘‘(ii) may be used to carry out any of 

8 the statewide employment and training ac9 tivities described in paragraph (3). 

10 ‘‘(B) STATEWIDE RAPID RESPONSE ACTIVI11 TIES.—Funds reserved by a Governor for a 

12 State as described in section 133(a)(2) shall be 

13 used to carry out the statewide rapid response 

14 activities described in paragraph (4). 

15 ‘‘(C) STATEWIDE GRANTS FOR INDIVID16 UALS WITH BARRIERS TO EMPLOYMENT.— 

17 Funds reserved by a Governor for a State as 

18 described in section 133(a)(3) shall be used to 

19 carry out the Statewide Grants for Individuals 

20 with Barriers to Employment competition de21 scribed in paragraph (5). 

22 ‘‘(2) REQUIRED STATEWIDE EMPLOYMENT AND

23 TRAINING ACTIVITIES.—A State shall use funds re24 served as described in section 133(a)(1) to carry out 


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1 statewide employment and training activities, which 

2 shall include— 

3 ‘‘(A) disseminating the State list of eligible 

4 providers of training described in section 

5 122(d), information identifying eligible pro6 viders of on-the-job training and customized 

7 training described in section 122(i), and per8 formance information and program cost infor9 mation described in section 122(b)(2); 

10 ‘‘(B) supporting the provision of work 

11 ready services described in subsection (c)(2) in 

12 the one-stop delivery system; 

13 ‘‘(C) implementing strategies and services 

14 that will be used in the State to assist at-risk 

15 youth and out-of-school youth in acquiring the 

16 education and skills, recognized postsecondary 

17 credentials, and employment experience to suc18 ceed in the labor market; 

19 ‘‘(D) conducting evaluations under section 

20 136(e) of activities authorized under this chap21 ter in coordination with evaluations carried out 

22 by the Secretary under section 172; 

23 ‘‘(E) providing technical assistance to local 

24 areas that fail to meet local performance meas25 ures; 


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1 ‘‘(F) operating a fiscal and management 

2 accountability system under section 136(f); and 

3 ‘‘(G) carrying out monitoring and over4 sight of activities carried out under this chap5 ter. 

6 ‘‘(3) ALLOWABLE STATEWIDE EMPLOYMENT

7 AND TRAINING ACTIVITIES.—A State may use funds 

8 reserved as described in section 133(a)(1) to carry 

9 out statewide employment and training activities 

10 which may include— 

11 ‘‘(A) implementing innovative programs 

12 and strategies designed to meet the needs of all 

13 employers in the State, including small employ14 ers, which may include incumbent worker train15 ing programs, sectoral and industry cluster 

16 strategies and partnerships, career ladder pro17 grams, micro-enterprise and entrepreneurial 

18 training and support programs, utilization of ef19 fective business intermediaries, activities to im20 prove linkages between the one-stop delivery 

21 system in the State and all employers (includ22 ing small employers) in the State, and other 

23 business services and strategies that better en24 gage employers in workforce investment activi25 ties and make the workforce investment system 


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1 more relevant to the needs of State and local 

2 businesses, consistent with the objectives of this 

3 title; 

4 ‘‘(B) providing incentive grants to local 

5 areas for regional cooperation among local 

6 boards (including local boards in a designated 

7 region as described in section 116(c)), for local 

8 coordination of activities carried out under this 

9 Act, and for exemplary performance by local 

10 areas on the local performance measures; 

11 ‘‘(C) developing strategies for effectively 

12 integrating programs and services among one13 stop partners; 

14 ‘‘(D) carrying out activities to facilitate re15 mote access to services provided through a one16 stop delivery system, including facilitating ac17 cess through the use of technology; 

18 ‘‘(E) incorporating pay-for-performance 

19 contracting strategies as an element in funding 

20 activities under this section and providing tech21 nical support to local areas and eligible pro22 viders in order to carry out such strategy, 

23 which may provide assistance with data collec24 tion and data entry requirements; 


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1 ‘‘(F) carrying out the State option under 

2 subsection (f)(8); and 

3 ‘‘(G) carrying out other activities author4 ized under this section that the State deter5 mines to be necessary to assist local areas in 

6 carrying out activities described in subsection 

7 (c) or (d) through the statewide workforce in8 vestment system. 

9 ‘‘(4) STATEWIDE RAPID RESPONSE ACTIVI10 TIES.—A State shall use funds reserved as described 

11 in section 133(a)(2) to carry out statewide rapid re12 sponse activities, which shall include— 

13 ‘‘(A) provision of rapid response activities, 

14 carried out in local areas by the State or by an 

15 entity designated by the State, working in con16 junction with the local boards and the chief 

17 elected officials in the local areas; and 

18 ‘‘(B) provision of additional assistance to 

19 local areas that experience disasters, mass lay20 offs or plant closings, or other events that pre21 cipitate substantial increases in the number of 

22 unemployed individuals, carried out in local 

23 areas by the State or by an entity designated 

24 by the State, working in conjunction with the 


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1 local boards and the chief elected officials in the 

2 local areas. 

3 ‘‘(5) STATEWIDE GRANTS FOR INDIVIDUALS

4 WITH BARRIERS TO EMPLOYMENT.— 

5 ‘‘(A) IN GENERAL.—Of the funds reserved 

6 as described in section 133(a)(3), the Governor 

7 of a State— 

8 ‘‘(i) may reserve up to 5 percent to 

9 provide technical assistance to, and con10 duct evaluations as described in section 

11 136(e), of the programs and activities car12 ried out under this paragraph; and 

13 ‘‘(ii) using the remainder, shall award 

14 grants on a competitive basis to eligible en15 tities described in subparagraph (B) to 

16 carry out employment and training pro17 grams authorized under this paragraph for 

18 individuals with barriers to employment 

19 that meet specific performance outcomes 

20 and criteria established by the Governor. 

21 ‘‘(B) ELIGIBLE ENTITY DEFINED.—For 

22 purposes of this paragraph, the term ‘eligible 

23 entity’ means an entity that— 

24 ‘‘(i) is a— 


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1 ‘‘(I) local board or a consortium 

2 of local boards; 

3 ‘‘(II) nonprofit entity, for-profit 

4 entity, or a consortium of nonprofit or 

5 for-profit entities; or 

6 ‘‘(III) consortium of the entities 

7 described in subclauses (I) and (II); 

8 ‘‘(ii) has a demonstrated record of 

9 placing individuals into unsubsidized em10 ployment and serving hard to serve individ11 uals; and 

12 ‘‘(iii) agrees to be reimbursed pri13 marily on the basis of achievement of spec14 ified performance outcomes and criteria es15 tablished by the Governor. 

16 ‘‘(C) GRANT PERIOD.— 

17 ‘‘(i) IN GENERAL.—A grant under 

18 this paragraph shall be awarded for a pe19 riod of 1 year. 

20 ‘‘(ii) GRANT RENEWAL.—A Governor 

21 of a State may renew, for up to 4 addi22 tional 1-year periods, a grant awarded 

23 under this paragraph. 

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1 graph, an individual shall be a low-income indi2 vidual age 16 or older or a member of a low3 income family. 

4 ‘‘(E) USE OF FUNDS.—An eligible entity 

5 receiving a grant under this paragraph shall use 

6 such funds for activities that are designed to 

7 assist eligible participants in obtaining employ8 ment and acquiring the education and skills 

9 necessary to succeed in the labor market. 

10 ‘‘(F) APPLICATIONS.—To be eligible to re11 ceive a grant under this paragraph, an eligible 

12 entity shall submit an application to a State at 

13 such time, in such manner, and containing such 

14 information as the State may require, includ15 ing— 

16 ‘‘(i) a description of how the strate17 gies and activities will be aligned with the 

18 State plan submitted under section 112 

19 and the local plan submitted under section 

20 118 with respect to the areas of the State 

21 that will be the focus of grant activities 

22 under this paragraph; 

23 ‘‘(ii) a description of the educational 

24 and skills training programs and activities 


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1 the eligible entity will provide to eligible 

2 participants under this paragraph; 

3 ‘‘(iii) how the eligible entity will col4 laborate with State and local workforce in5 vestment systems established under this 

6 title in the provision of such programs and 

7 activities; 

8 ‘‘(iv) a description of the programs of 

9 demonstrated effectiveness on which the 

10 provision of such educational and skills 

11 training programs and activities are based, 

12 and a description of how such programs 

13 and activities will improve the education 

14 and skills training for eligible participants; 

15 ‘‘(v) a description of the populations 

16 to be served and the skill needs of those 

17 populations, and the manner in which eligi18 ble participants will be recruited and se19 lected as participants; 

20 ‘‘(vi) a description of the private, pub21 lic, local, and State resources that will be 

22 leveraged, in addition to the grant funds 

23 provided for the programs and activities 

24 under this paragraph, and how the entity 

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1 grams and activities after grant funds are 

2 no longer available; 

3 ‘‘(vii) a description of the extent of 

4 the involvement of employers in such pro5 grams and activities; 

6 ‘‘(viii) a description of the levels of 

7 performance the eligible entity expects to 

8 achieve with respect to the indicators of 

9 performance for all individuals specified in 

10 section in 136(b)(2); 

11 ‘‘(ix) a detailed budget and a descrip12 tion of the system of fiscal controls, and 

13 auditing and accountability procedures 

14 that will be used to ensure fiscal soundness 

15 for the programs and activities provided 

16 under this paragraph; and 

17 ‘‘(x) any other criteria the Governor 

18 may require.’’; 

19 (2) by amending subsection (b) to read as fol20 lows: 

21 ‘‘(b) LOCAL EMPLOYMENT AND TRAINING ACTIVI22 TIES.—Funds allocated to a local area under section 

23 133(b)— 

24 ‘‘(1) shall be used to carry out employment and 

25 training activities described in subsection (c); and 


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1 ‘‘(2) may be used to carry out employment and 

2 training activities described in subsection (d).’’; 

3 (3) by striking subsection (c); 

4 (4) by redesignating subsections (d) and (e), as 

5 subsections (c) and (d), respectively; 

6 (5) in subsection (c) (as so redesignated)— 

7 (A) by amending paragraph (1) to read as 

8 follows: 

9 ‘‘(1) IN GENERAL.—Funds allocated to a local 

10 area under section 133(b) shall be used— 

11 ‘‘(A) to establish a one-stop delivery sys12 tem as described in section 121(e); 

13 ‘‘(B) to provide the work ready services de14 scribed in paragraph (2) through the one-stop 

15 delivery system in accordance with such para16 graph; and 

17 ‘‘(C) to provide training services described 

18 in paragraph (4) in accordance with such para19 graph.’’; 

20 (B) in paragraph (2)— 

21 (i) in the heading, by striking ‘‘CORE

22 SERVICES’’ and inserting ‘‘WORK READY

23 SERVICES’’; 

24 (ii) in the matter preceding subpara25 graph (A)— 


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1 (I) by striking ‘‘(1)(A)’’ and in2 serting ‘‘(1)(B)’’; 

3 (II) by striking ‘‘core services’’ 

4 and inserting ‘‘work ready services’’; 

5 and 

6 (III) by striking ‘‘who are adults 

7 or dislocated workers’’; 

8 (iii) by redesignating subparagraph 

9 (K) as subparagraph (V); 

10 (iv) by redesignating subparagraphs 

11 (B) through (J) as subparagraphs (C) 

12 through (K), respectively; 

13 (v) by inserting after subparagraph 

14 (A) the following: 

15 ‘‘(B) assistance in obtaining eligibility de16 terminations under the other one-stop partner 

17 programs through activities, where appropriate 

18 and consistent with the authorizing statute of 

19 the one-stop partner program, such as assisting 

20 in the submission of applications, the provision 

21 of information on the results of such applica22 tions, and the provision of intake services and 

23 information;’’; 

24 (vi) by amending subparagraph (E), 

25 as so redesignated, to read as follows: 


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1 ‘‘(E) labor exchange services, including— 

2 ‘‘(i) job search and placement assist3 ance, and where appropriate, career coun4 seling; 

5 ‘‘(ii) appropriate recruitment services 

6 for employers, including small employers, 

7 in the local area, which may include serv8 ices described in this subsection, including 

9 information and referral to specialized 

10 business services not traditionally offered 

11 through the one-stop delivery system; and 

12 ‘‘(iii) reemployment services provided 

13 to unemployment claimants, including 

14 claimants identified as in need of such 

15 services under the worker profiling system 

16 established under section 303(j) of the So17 cial Security Act (42 U.S.C. 503(j));’’; 

18 (vii) in subparagraph (F), as so redes19 ignated, by striking ‘‘employment statis20 tics’’ and inserting ‘‘workforce and labor 

21 market’’; 

22 (viii) in subparagraph (G), as so re23 designated, by striking ‘‘and eligible pro24 viders of youth activities described in sec25 tion 123,’’; 


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1 (ix) in subparagraph (H), as so redes2 ignated, by inserting ‘‘under section 136’’ 

3 after ‘‘local performance measures’’; 

4 (x) in subparagraph (J), as so redes5 ignated, by inserting ‘‘and the administra6 tion of the work test for the unemployment 

7 compensation system’’ after ‘‘compensa8 tion’’; 

9 (xi) by amending subparagraph (K), 

10 as so redesignated, to read as follows: 

11 ‘‘(K) assistance in establishing eligibility 

12 for programs of financial aid assistance for 

13 training and education programs that are not 

14 funded under this Act and are available in the 

15 local area;’’; and 

16 (xii) by inserting the following new 

17 subparagraphs after subparagraph (K), as 

18 so redesignated: 

19 ‘‘(L) the provision of information from of20 ficial publications of the Internal Revenue Serv21 ice regarding Federal tax credits available to in22 dividuals relating to education, job training and 

23 employment; 


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1 ‘‘(M) comprehensive and specialized assess2 ments of the skill levels and service needs of 

3 workers, which may include— 

4 ‘‘(i) diagnostic testing and use of 

5 other assessment tools; and 

6 ‘‘(ii) in-depth interviewing and evalua7 tion to identify employment barriers and 

8 appropriate employment goals; 

9 ‘‘(N) development of an individual employ10 ment plan, to identify the employment goals, 

11 appropriate achievement objectives, and appro12 priate combination of services for the partici13 pant; 

14 ‘‘(O) group counseling; 

15 ‘‘(P) individual counseling and career plan16 ning; 

17 ‘‘(Q) case management; 

18 ‘‘(R) short-term pre-career services, includ19 ing development of learning skills, communica20 tions skills, interviewing skills, punctuality, per21 sonal maintenance skills, and professional con22 duct, to prepare individuals for unsubsidized 

23 employment or training; 

24 ‘‘(S) internships and work experience; 


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1 ‘‘(T) literacy activities relating to basic 

2 work readiness, information and communication 

3 technology literacy activities, and financial lit4 eracy activities, if such activities are not avail5 able to participants in the local area under pro6 grams administered under the Adult Education 

7 and Family Literacy Act (20 U.S.C. 2901 et 

8 seq.); 

9 ‘‘(U) out-of-area job search assistance and 

10 relocation assistance; and’’; and 

11 (C) by amending paragraph (3) to read as 

12 follows: 

13 ‘‘(3) DELIVERY OF SERVICES.—The work ready 

14 services described in paragraph (2) shall be provided 

15 through the one-stop delivery system and may be 

16 provided through contracts with public, private for17 profit, and private nonprofit service providers, ap18 proved by the local board.’’; 

19 (D) in paragraph (4)— 

20 (i) by amending subparagraph (A) to 

21 read as follows: 

22 ‘‘(A) IN GENERAL.—Funds described in 

23 paragraph (1)(C) shall be used to provide train24 ing services to individuals who— 


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1 ‘‘(i) after an interview, evaluation, or 

2 assessment, and case management, have 

3 been determined by a one-stop operator or 

4 one-stop partner, as appropriate, to— 

5 ‘‘(I) be in need of training serv6 ices to obtain or retain employment; 

7 and 

8 ‘‘(II) have the skills and quali9 fications to successfully participate in 

10 the selected program of training serv11 ices; 

12 ‘‘(ii) select programs of training serv13 ices that are directly linked to the employ14 ment opportunities in the local area in15 volved or in another area in which the indi16 vidual receiving such services are willing to 

17 commute or relocate; and 

18 ‘‘(iii) who meet the requirements of 

19 subparagraph (B).’’; and 

20 (ii) in subparagraph (B)(i), by strik21 ing ‘‘Except’’ and inserting ‘‘Notwith22 standing section 479B of the Higher Edu23 cation Act of 1965 (20 U.S.C. 1087uu) 

24 and except’’; 


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1 (iii) by amending subparagraph (D) to 

2 read as follows: 

3 ‘‘(D) TRAINING SERVICES.—Training serv4 ices authorized under this paragraph may in5 clude— 

6 ‘‘(i) occupational skills training; 

7 ‘‘(ii) on-the-job training; 

8 ‘‘(iii) skill upgrading and retraining; 

9 ‘‘(iv) entrepreneurial training; 

10 ‘‘(v) education activities leading to a 

11 regular secondary school diploma or its 

12 recognized equivalent in combination with, 

13 concurrently or subsequently, occupational 

14 skills training; 

15 ‘‘(vi) adult education and literacy ac16 tivities provided in conjunction with other 

17 training authorized under this subpara18 graph; 

19 ‘‘(vii) workplace training combined 

20 with related instruction; 

21 ‘‘(viii) occupational skills training that 

22 incorporates English language acquisition; 

23 ‘‘(ix) customized training conducted 

24 with a commitment by an employer or 

25 group of employers to employ an individual 


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1 upon successful completion of the training; 

2 and 

3 ‘‘(x) training programs operated by 

4 the private sector.’’; 

5 (iv) by striking subparagraph (E) and 

6 redesignating subparagraphs (F) and (G) 

7 as subparagraphs (E) and (F), respec8 tively; and 

9 (v) in subparagraph (E) (as so redes10 ignated)— 

11 (I) in clause (ii)— 

12 (aa) in the matter preceding 

13 subclause (I), by striking ‘‘sub14 section (c)’’ and inserting ‘‘sec15 tion 121’’; 

16 (bb) in subclause (I), by 

17 striking ‘‘section 122(e)’’ and in18 serting ‘‘section 122(d)’’ and by 

19 striking ‘‘section 122(h)’’ and in20 serting ‘‘section 122(i)’’; and 

21 (cc) in subclause (II), by 

22 striking ‘‘subsections (e) and 

23 (h)’’ and inserting ‘‘subsection 

24 (i)’’; and 


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1 (II) by striking clause (iii) and 

2 inserting the following: 

3 ‘‘(iii) CAREER ENHANCEMENT AC4 COUNTS.—An individual who seeks train5 ing services and who is eligible pursuant to 

6 subparagraph (A), may, in consultation 

7 with a case manager, select an eligible pro8 vider of training services from the list or 

9 identifying information for providers de10 scribed in clause (ii)(I). Upon such selec11 tion, the one-stop operator involved shall, 

12 to the extent practicable, refer such indi13 vidual to the eligible provider of training 

14 services, and arrange for payment for such 

15 services through a career enhancement ac16 count. 

17 ‘‘(iv) COORDINATION.—Each local 

18 board may, through one-stop centers, co19 ordinate career enhancement accounts with 

20 other Federal, State, local, or private job 

21 training programs or sources to assist the 

22 individual in obtaining training services. 

23 ‘‘(v) ASSISTANCE.—Each local board 

24 may, through one-stop centers, assist indi25 viduals receiving career enhancement acVerDate Mar 15 2010 23:27 Mar 18, 2013 Jkt 029200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6201 E:\BILLS\H803.RFS H803

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1 counts in obtaining funds (in addition to 

2 the funds provided under this section) 

3 from other programs and sources that will 

4 assist the individual in obtaining training 

5 services.’’; and 

6 (vi) in subparagraph (F) (as so redes7 ignated)— 

8 (I) in the subparagraph heading, 

9 by striking ‘‘INDIVIDUAL TRAINING

10 ACCOUNTS’’ and inserting ‘‘CAREER

11 ENHANCEMENT ACCOUNTS’’; 

12 (II) in clause (i) by striking ‘‘in13 dividual training accounts’’ and in14 serting ‘‘career enhancement ac15 counts’’; 

16 (III) in clause (ii)— 

17 (aa) by striking ‘‘an indi18 vidual training account’’ and in19 serting ‘‘a career enhancement 

20 account’’; 

21 (bb) by striking ‘‘subpara22 graph (F)’’ and inserting ‘‘sub23 paragraph (E)’’; 

24 (cc) in subclause (II), by 

25 striking ‘‘individual training acVerDate Mar 15 2010 23:27 Mar 18, 2013 Jkt 029200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6201 E:\BILLS\H803.RFS H803

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1 counts’’ and inserting ‘‘career en2 hancement accounts’’; 

3 (dd) in subclause (II) by 

4 striking ‘‘or’’ after the semicolon; 

5 (ee) in subclause (III) by 

6 striking the period and inserting 

7 ‘‘; or’’; and 

8 (ff) by adding at the end the 

9 following: 

10 ‘‘(IV) the local board determines 

11 that it would be most appropriate to 

12 award a contract to a postsecondary 

13 educational institution that has been 

14 identified as a priority eligible pro15 vider under section 117(d)(5)(B) in 

16 order to facilitate the training of mul17 tiple individuals in in-demand sectors 

18 or occupations, such contract may be 

19 used to enable the expansion of pro20 grams provided by a priority eligible 

21 provider, and such contract does not 

22 limit customer choice.’’; 

23 (IV) in clause (iii), by striking 

24 ‘‘adult or dislocated worker’’ and in25 serting ‘‘individual’’; and 


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1 (V) in clause (iv)— 

2 (aa) by redesignating sub3 clause (IV) as subclause (V) and 

4 inserting after subclause (III) the 

5 following: 

6 ‘‘(IV) Individuals with disabil7 ities.’’; 

8 (6) in subsection (d) (as so redesignated)— 

9 (A) by amending paragraph (1) to read as 

10 follows: 

11 ‘‘(1) DISCRETIONARY ONE-STOP DELIVERY AC12 TIVITIES.— 

13 ‘‘(A) IN GENERAL.—Funds allocated to a 

14 local area under section 133(b)(2) may be used 

15 to provide, through the one-stop delivery sys16 tem— 

17 ‘‘(i) customized screening and referral 

18 of qualified participants in training serv19 ices to employers; 

20 ‘‘(ii) customized employment-related 

21 services to employers on a fee-for-service 

22 basis; 

23 ‘‘(iii) customer supports, including 

24 transportation and childcare, to navigate 

25 among multiple services and activities for 


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1 special participant populations that face 

2 multiple barriers to employment, including 

3 individuals with disabilities; 

4 ‘‘(iv) employment and training assist5 ance provided in coordination with child 

6 support enforcement activities of the State 

7 agency carrying out subtitle D of title IV 

8 of the Social Security Act (42 U.S.C. 651 

9 et seq.); 

10 ‘‘(v) incorporating pay-for-perform11 ance contract strategies as an element in 

12 funding activities under this section; 

13 ‘‘(vi) activities to facilitate remote ac14 cess to services provided through a one15 stop delivery system, including facilitating 

16 access through the use of technology; and 

17 ‘‘(vii) activities to carry out business 

18 services and strategies that meet the work19 force investment needs of local area em20 ployers, as determined by the local board, 

21 consistent with the local plan under section 

22 118.’’. 

23 (B) by striking paragraphs (2) and (3); 

24 and 

25 (C) by adding at the end the following: 


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1 ‘‘(2) INCUMBENT WORKER TRAINING PRO2 GRAMS.— 

3 ‘‘(A) IN GENERAL.—The local board may 

4 use funds allocated to a local area under section 

5 133(b)(2) to carry out incumbent worker train6 ing programs in accordance with this para7 graph. 

8 ‘‘(B) TRAINING ACTIVITIES.—The training 

9 programs for incumbent workers under this 

10 paragraph shall be carried out by the local area 

11 in conjunction with the employers of such work12 ers for the purpose of assisting such workers in 

13 obtaining the skills necessary to retain employ14 ment and avert layoffs. 

15 ‘‘(C) EMPLOYER MATCH REQUIRED.— 

16 ‘‘(i) IN GENERAL.—Employers partici17 pating in programs under this paragraph 

18 shall be required to pay a proportion of the 

19 costs of providing the training to the in20 cumbent workers of the employers. The 

21 local board shall establish the required por22 tion of such costs, which may include in23 kind contributions. 

24 ‘‘(ii) CALCULATION OF MATCH.—The 

25 wages paid by an employer to a worker 


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1 while they are attending training may be 

2 included as part of the required payment 

3 of the employer.’’; and 

4 (7) by adding at the end the following: 

5 ‘‘(e) PRIORITY FOR PLACEMENT IN PRIVATE SECTOR

6 JOBS.—In providing employment and training activities 

7 authorized under this section, the State and local board 

8 shall give priority to placing participants in jobs in the 

9 private sector. 

10 ‘‘(f) VETERAN EMPLOYMENT SPECIALIST.— 

11 ‘‘(1) IN GENERAL.—Subject to paragraph (8), a 

12 local board shall hire and employ one or more vet13 eran employment specialist to carry out employment, 

14 training, and placement services under this sub15 section in the local area served by the local board. 

16 ‘‘(2) PRINCIPAL DUTIES.—A veteran employ17 ment specialist in a local area shall— 

18 ‘‘(A) conduct outreach to employers in the 

19 local area to assist veterans, including disabled 

20 veterans, in gaining employment, including— 

21 ‘‘(i) conducting seminars for employ22 ers; and 

23 ‘‘(ii) in conjunction with employers, 

24 conducting job search workshops, and es25 tablishing job search groups; and 


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1 ‘‘(B) facilitate employment, training, sup2 portive, and placement services furnished to 

3 veterans, including disabled and homeless vet4 erans, in the local area. 

5 ‘‘(3) HIRING PREFERENCE FOR VETERANS AND

6 INDIVIDUALS WITH EXPERTISE IN SERVING VET7 ERANS.—Subject to paragraph (8), a local board 

8 shall, to the maximum extent practicable, employ 

9 veterans or individuals with expertise in serving vet10 erans to carry out the services described in para11 graph (2) in the local area served by the local board. 

12 In hiring an individual to serve as a veteran employ13 ment specialist, a local board shall give preference to 

14 veterans and other individuals in the following order: 

15 ‘‘(A) To service-connected disabled vet16 erans. 

17 ‘‘(B) If no veteran described in subpara18 graph (A) is available, to veterans. 

19 ‘‘(C) If no veteran described in subpara20 graph (A) or (B) is available, to any member of 

21 the Armed Forces transitioning out of military 

22 service. 

23 ‘‘(D) If no veteran described in subpara24 graph (A), (B), or (C) is available, to any 

25 spouse of a veteran or a spouse of a member of 


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1 the Armed Forces transitioning out of military 

2 service. 

3 ‘‘(E) If no veteran described in subpara4 graph (A), (B), or (C) is available and no 

5 spouse described in paragraph (D) is available, 

6 to any other individuals with expertise in serv7 ing veterans. 

8 ‘‘(4) ADMINISTRATION AND REPORTING.— 

9 ‘‘(A) IN GENERAL.—Each veteran employ10 ment specialist shall be administratively respon11 sible to the manager of the one-stop delivery 

12 center in the local area and shall provide, at a 

13 minimum, quarterly reports to the manager of 

14 such center and to the Director for Veterans’ 

15 Employment and Training for the State on the 

16 performance and compliance by the specialist 

17 with Federal law and regulations with respect 

18 to the— 

19 ‘‘(i) principal duties and special serv20 ices for veterans described in paragraph 

21 (2); and 

22 ‘‘(ii) hiring preferences described in 

23 paragraph (3) for veterans and individuals 

24 with expertise in serving veterans. 


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1 ‘‘(B) REPORT TO SECRETARY.—Each 

2 State shall submit to the Secretary an annual 

3 report on the qualifications used by the local 

4 board in making hiring determinations for a 

5 veteran employment specialist and the salary 

6 structure under which such specialist is com7 pensated. 

8 ‘‘(C) REPORT TO CONGRESS.—The Sec9 retary shall submit to the Committee on Edu10 cation and the Workforce and the Committee 

11 on Veterans’ Affairs of the House of Represent12 atives and the Committee on Health, Edu13 cation, Labor, and Pensions and the Committee 

14 on Veterans’ Affairs of the Senate an annual 

15 report summarizing the reports submitted 

16 under subparagraph (B), including summaries 

17 of outcomes achieved by participating veterans 

18 disaggregated by local areas. 

19 ‘‘(5) PART-TIME EMPLOYEES.—A part-time vet20 eran employment specialist shall perform the func21 tions of a veteran employment specialist under this 

22 subsection on a halftime basis. 

23 ‘‘(6) TRAINING REQUIREMENTS.—Each veteran 

24 employment specialist described in paragraph (2) 

25 shall satisfactorily complete training provided by the 


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1 National Veterans’ Employment and Training Insti2 tute during the three-year period that begins on the 

3 date on which the employee is so assigned. 

4 ‘‘(7) SPECIALIST’S DUTIES.—A full-time vet5 eran employment specialist shall perform only duties 

6 related to the employment, training, supportive, and 

7 placement services under this subsection, and shall 

8 not perform other non-veteran-related duties if such 

9 duties detract from the specialist’s ability to perform 

10 the specialist’s duties related to employment, train11 ing, and placement services under this subsection. 

12 ‘‘(8) STATE OPTION.—At the request of a local 

13 board, a State may assume the duties assigned to 

14 the local board under paragraphs (1) and (3), in15 cluding the hiring and employment of one or more 

16 veteran employment specialist for placement in the 

17 local area served by the local board.’’. 

18 SEC. 114. PERFORMANCE ACCOUNTABILITY SYSTEM. 

19 Section 136 (29 U.S.C. 2871) is amended— 

20 (1) in subsection (b)— 

21 (A) by amending paragraphs (1) and (2) 

22 to read as follows: 

23 ‘‘(1) IN GENERAL.—For each State, the State 

24 performance measures shall consist of— 


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1 ‘‘(A)(i) the core indicators of performance 

2 described in paragraph (2)(A); and 

3 ‘‘(ii) additional indicators of performance 

4 (if any) identified by the State under paragraph 

5 (2)(B); and 

6 ‘‘(B) a State adjusted level of performance 

7 for each indicator described in subparagraph 

8 (A). 

9 ‘‘(2) INDICATORS OF PERFORMANCE.— 

10 ‘‘(A) CORE INDICATORS OF PERFORM11 ANCE.— 

12 ‘‘(i) IN GENERAL.—The core indica13 tors of performance for the program of em14 ployment and training activities authorized 

15 under sections 132(a)(2) and 134, the pro16 gram of adult education and literacy activi17 ties authorized under title II, and the pro18 gram authorized under title I of the Reha19 bilitation Act of 1973 (29 U.S.C. 720 et 

20 seq.), other than section 112 or part C of 

21 that title (29 U.S.C. 732, 741), shall con22 sist of the following indicators of perform23 ance, each disaggregated by the popu24 lations identified in the State and local 

25 plans: 


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1 ‘‘(I) The percentage and number 

2 of program participants who are in 

3 unsubsidized employment during the 

4 second full calendar quarter after exit 

5 from the program. 

6 ‘‘(II) The percentage and number 

7 of program participants who are in 

8 unsubsidized employment during the 

9 fourth full calendar quarter after exit 

10 from the program. 

11 ‘‘(III) The median earnings of 

12 program participants who are in un13 subsidized employment during the sec14 ond full calendar quarter after exit 

15 from the program compared to the 

16 median earnings of such participants 

17 prior to the training received under 

18 such program. 

19 ‘‘(IV) The percentage and num20 ber of program participants who ob21 tain a recognized postsecondary cre22 dential, a registered apprenticeship, 

23 an industry-recognized credential, or a 

24 regular secondary school diploma or 

25 its recognized equivalent (subject to 


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1 clause (ii)), during participation in or 

2 within 1 year after exit from program. 

3 ‘‘(V) The percentage and number 

4 of program participants who, during a 

5 program year— 

6 ‘‘(aa) are in an education or 

7 training program that leads to a 

8 recognized postsecondary creden9 tial, a registered apprenticeship 

10 or on-the-job training program, 

11 an industry-recognized credential, 

12 a regular secondary school di13 ploma or its recognized equiva14 lent, or unsubsidized employ15 ment; and 

16 ‘‘(bb) are achieving measur17 able basic skill gains toward such 

18 a credential or employment. 

19 ‘‘(VI) The percentage and num20 ber of program participants who ob21 tain unsubsidized employment in the 

22 field relating to the training services 

23 described in section 134(c)(4) that 

24 such participants received. 


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1 ‘‘(ii) INDICATOR RELATING TO CRE2 DENTIAL.—For purposes of clause (i)(IV), 

3 program participants who obtain a regular 

4 secondary school diploma or its recognized 

5 equivalent shall be included in the percent6 age counted as meeting the criterion under 

7 such clause only if such participants, in 

8 addition to obtaining such diploma or its 

9 recognized equivalent, have, within 1 year 

10 after exit from the program, obtained or 

11 retained employment, have been removed 

12 from public assistance, or are in an edu13 cation or training program leading to a 

14 recognized postsecondary credential. 

15 ‘‘(B) ADDITIONAL INDICATORS.—A State 

16 may identify in the State plan additional indica17 tors for workforce investment activities author18 ized under this subtitle.’’; and 

19 (B) in paragraph (3)— 

20 (i) in subparagraph (A)— 

21 (I) in the heading, by striking 

22 ‘‘AND CUSTOMER SATISFACTION INDI23 CATOR’’; 


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1 (II) in clause (i), by striking 

2 ‘‘and the customer satisfaction indi3 cator described in paragraph (2)(B)’’; 

4 (III) in clause (ii), by striking 

5 ‘‘and the customer satisfaction indi6 cator of performance, for the first 3’’ 

7 and inserting ‘‘, for all 3’’; 

8 (IV) in clause (iii)— 

9 (aa) in the heading, by 

10 striking ‘‘FOR FIRST 3 YEARS’’; 

11 and 

12 (bb) by striking ‘‘and the 

13 customer satisfaction indicator of 

14 performance, for the first 3 pro15 gram years’’ and inserting ‘‘for 

16 all 3 program years’’; 

17 (V) in clause (iv)— 

18 (aa) by striking ‘‘or (v)’’; 

19 (bb) by striking subclause 

20 (I) and redesignating subclauses 

21 (II) and (III) as subclauses (I) 

22 and (II), respectively; and 

23 (cc) in subclause (I) (as so 

24 redesignated)— 


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1 (AA) by striking ‘‘tak2 ing into account’’ and in3 serting ‘‘which shall be ad4 justed based on’’; 

5 (BB) by inserting ‘‘, 

6 such as unemployment rates 

7 and job losses or gains in 

8 particular industries’’ after 

9 ‘‘economic conditions’’; and 

10 (CC) by inserting ‘‘, 

11 such as indicators of poor 

12 work experience, dislocation 

13 from high-wage employment, 

14 low levels of literacy or 

15 English proficiency, dis16 ability status, including the 

17 number of veterans with dis18 abilities, and welfare de19 pendency’’ after ‘‘program’’; 

20 (VI) by striking clause (v) and 

21 redesignating clause (vi) as clause (v); 

22 and 

23 (VII) in clause (v) (as so redesig24 nated), 


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1 (aa) by striking ‘‘described 

2 in clause (iv)(II)’’ and inserting 

3 ‘‘described in clause (iv)(I)’’; and 

4 (bb) by striking ‘‘or (v)’’; 

5 and 

6 (ii) in subparagraph (B), by striking 

7 ‘‘paragraph (2)(C)’’ and inserting ‘‘para8 graph (2)(B)’’; 

9 (2) in subsection (c)— 

10 (A) by amending clause (i) of paragraph 

11 (1)(A) to read as follows: ‘‘(i) the core indica12 tors of performance described in subsection 

13 (b)(2)(A) for activities described in such sub14 sections, other than statewide workforce invest15 ment activities; and’’; 

16 (B) in clause (ii) of paragraph (1)(A), by 

17 striking ‘‘(b)(2)(C)’’ and inserting ‘‘(b)(2)(B)’’; 

18 and 

19 (C) by amending paragraph (3) to read as 

20 follows: 

21 ‘‘(3) DETERMINATIONS.—In determining such 

22 local levels of performance, the local board, the chief 

23 elected official, and the Governor shall ensure such 

24 levels are adjusted based on the specific economic 

25 characteristics (such as unemployment rates and job 


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1 losses or gains in particular industries), demographic 

2 characteristics, or other characteristics of the popu3 lation to be served in the local area.’’; 

4 (3) in subsection (d)— 

5 (A) in paragraph (1)— 

6 (i) by striking ‘‘127 or’’; 

7 (ii) by striking ‘‘and the customer sat8 isfaction indicator’’ each place it appears; 

9 and 

10 (iii) in the last sentence, by inserting 

11 before the period the following: ‘‘, and on 

12 the amount and percentage of the State’s 

13 annual allotment under section 132 the 

14 State spends on administrative costs and 

15 on the amount and percentage of its an16 nual allocation under section 133 each 

17 local area in the State spends on adminis18 trative costs’’; 

19 (B) in paragraph (2)— 

20 (i) by striking subparagraphs (A), 

21 (B), and (D); 

22 (ii) by redesignating subparagraph 

23 (C) as subparagraph (A); 

24 (iii) by redesignating subparagraph 

25 (E) as subparagraph (B); 


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1 (iv) in subparagraph (B), as so redes2 ignated— 

3 (I) by striking ‘‘(excluding par4 ticipants who received only self-service 

5 and informational activities)’’; and 

6 (II) by striking ‘‘and’’ at the end; 

7 (v) by striking subparagraph (F); 

8 (vi) by adding at the end the fol9 lowing: 

10 ‘‘(C) with respect to each local area in the 

11 State— 

12 ‘‘(i) the number of individuals who re13 ceived work ready services described under 

14 section 134(c)(2) and the number of indi15 viduals who received training services de16 scribed under section 134(c)(4) during the 

17 most recent program year and fiscal year, 

18 and the preceding 5 program years, where 

19 the individuals received the training, 

20 disaggregated by the type of entity that 

21 provided the training, and the amount of 

22 funds spent on each type of service; 

23 ‘‘(ii) the number of individuals who 

24 successfully exited out of work ready serv25 ices described under section 134(c)(2) and 


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1 the number of individuals who exited out 

2 of training services described under section 

3 134(c)(4) during the most recent program 

4 year and fiscal year, and the preceding 5 

5 program years, and where the individuals 

6 received the training, disaggregated by the 

7 type of entity that provided the training; 

8 and 

9 ‘‘(iii) the average cost per participant 

10 of those individuals who received work 

11 ready services described under section 

12 134(c)(2) and the average cost per partici13 pant of those individuals who received 

14 training services described under section 

15 134(c)(4) during the most recent program 

16 year and fiscal year, and the preceding 5 

17 program years, and where the individuals 

18 received the training, disaggregated by the 

19 type of entity that provided the training; 

20 and 

21 ‘‘(D) the amount of funds spent on train22 ing services and discretionary one-stop delivery 

23 activities, disaggregated by the populations 

24 identified in the State and local plans.’’; 


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1 (C) in paragraph (3)(A), by striking 

2 ‘‘through publication’’ and inserting ‘‘through 

3 electronic means’’; and 

4 (D) by adding at the end the following: 

5 ‘‘(4) DATA VALIDATION.—In preparing the re6 ports described in this subsection, each State shall 

7 establish procedures, consistent with guidelines 

8 issued by the Secretary, to ensure the information 

9 contained in the report is valid and reliable. 

10 ‘‘(5) STATE AND LOCAL POLICIES.— 

11 ‘‘(A) STATE POLICIES.—Each State that 

12 receives an allotment under section 132 shall 

13 maintain a central repository of policies related 

14 to access, eligibility, availability of services, and 

15 other matters and plans approved by the State 

16 board and make such repository available to the 

17 public, including by electronic means. 

18 ‘‘(B) LOCAL POLICIES.—Each local area 

19 that receives an allotment under section 133 

20 shall maintain a central repository of policies 

21 related to access, eligibility, availability of serv22 ices, and other matters and plans approved by 

23 the local board and make such repository avail24 able to the public, including by electronic 

25 means.’’; 


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1 (4) in subsection (g)— 

2 (A) in paragraph (1)(A), by striking ‘‘or 

3 (B)’’; 

4 (B) in paragraph (1)(B), by striking ‘‘may 

5 reduce by not more than 5 percent,’’ and insert6 ing ‘‘shall reduce’’; and 

7 (C) by striking paragraph (2) and insert8 ing the following: 

9 ‘‘(2) FUNDS RESULTING FROM REDUCED AL10 LOTMENTS.—The Secretary shall return to the 

11 Treasury the amount retained, as a result of a re12 duction in an allotment to a State made under para13 graph (1)(B).’’; 

14 (5) in subsection (h)(1), by striking ‘‘or (B)’’; 

15 (6) in subsection (h)(2)— 

16 (A) in subparagraph (A), by amending the 

17 matter preceding clause (i) to read as follows: 

18 ‘‘(A) IN GENERAL.—If such failure con19 tinues for a second consecutive year, the Gov20 ernor shall take corrective actions, including the 

21 development of a reorganization plan. Such 

22 plan shall—’’; 

23 (B) by redesignating subparagraphs (B) 

24 and (C) as subparagraphs (C) and (D), respec25 tively; 


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1 (C) by inserting after subparagraph (A), 

2 the following: 

3 ‘‘(B) REDUCTION IN THE AMOUNT OF

4 GRANT.—If such failure continues for a third 

5 consecutive year, the Governor of a State shall 

6 reduce the amount of the grant that would (in 

7 the absence of this subparagraph) be payable to 

8 the local area under such program for the pro9 gram year after such third consecutive year. 

10 Such penalty shall be based on the degree of 

11 failure to meet local levels of performance.’’; 

12 (D) in subparagraph (C)(i) (as so redesig13 nated), by striking ‘‘a reorganization plan 

14 under subparagraph (A) may, not later than 30 

15 days after receiving notice of the reorganization 

16 plan, appeal to the Governor to rescind or re17 vise such plan’’ and inserting ‘‘corrective ac18 tions under subparagraphs (A) and (B) may, 

19 not later than 30 days after receiving notice of 

20 the actions, appeal to the Governor to rescind 

21 or revise such actions’’; and 

22 (E) in subparagraph (D) (as so redesig23 nated), by striking ‘‘subparagraph (B)’’ each 

24 place it appears and inserting ‘‘subparagraph 

25 (C)’’; 


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1 (7) in subsection (i)(1)(B), by striking ‘‘sub2 section (b)(2)(C)’’ and inserting ‘‘subsection 

3 (b)(2)(B)’’; 

4 (8) in subsection (i)(1)(C), by striking 

5 ‘‘(b)(3)(A)(vi)’’ and inserting ‘‘(b)(3)(A)(v)’’; 

6 (9) in subsection (i)(2), by striking ‘‘the activi7 ties described in section 502 concerning’’; 

8 (10) in subsection (i)(3), by striking ‘‘described 

9 in paragraph (1) and in the activities described in 

10 section 502’’ and inserting ‘‘and activities described 

11 in this subsection’’; and 

12 (11) by adding at the end the following new 

13 subsections: 

14 ‘‘(j) USE OF CORE INDICATORS FOR OTHER PRO15 GRAMS.—In addition to the programs carried out under 

16 chapter 5, and consistent with the requirements of the ap17 plicable authorizing laws, the Secretary shall use the core 

18 indicators of performance described in subsection 

19 (b)(2)(A) to assess the effectiveness of the programs de20 scribed under section 121(b)(1)(B) that are carried out 

21 by the Secretary. 

22 ‘‘(k) ESTABLISHING PAY-FOR-PERFORMANCE INCEN23 TIVES.— 

24 ‘‘(1) IN GENERAL.—At the discretion of the 

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1 tive system for local boards to implement pay-for2 performance contract strategies for the delivery of 

3 employment and training services in the local areas 

4 served by the local boards. 

5 ‘‘(2) IMPLEMENTATION.—A State that estab6 lishes a pay-for-performance incentive system shall 

7 reserve not more than 10 percent of the total 

8 amount allotted to the State under section 132(b)(2) 

9 for a fiscal year to provide funds to local areas in 

10 the State whose local boards have implemented a 

11 pay-for-performance contract strategy. 

12 ‘‘(3) EVALUATIONS.—A State described in 

13 paragraph (2) shall use funds reserved by the State 

14 under section 133(a)(1) to evaluate the return on in15 vestment of pay-for-performance contract strategies 

16 implemented by local boards in the State.’’. 

17 SEC. 115. AUTHORIZATION OF APPROPRIATIONS. 

18 Section 137 (29 U.S.C. 2872) is amended to read as 

19 follows: 

20 ‘‘SEC. 137. AUTHORIZATION OF APPROPRIATIONS. 

21 ‘‘There are authorized to be appropriated to carry out 

22 the activities described in section 132, $6,245,318,000 for 

23 fiscal year 2014 and each of the 6 succeeding fiscal 

24 years.’’. 


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1 Subtitle C—Job Corps 

2 SEC. 116. JOB CORPS PURPOSES. 

3 Paragraph (1) of section 141 (29 U.S.C. 2881(1)) 

4 is amended to read as follows: 

5 ‘‘(1) to maintain a national Job Corps program 

6 for at-risk youth, carried out in partnership with 

7 States and communities, to assist eligible youth to 

8 connect to the workforce by providing them with in9 tensive academic, career and technical education, 

10 and service-learning opportunities, in residential and 

11 nonresidential centers, in order for such youth to ob12 tain regular secondary school diplomas and recog13 nized postsecondary credentials leading to successful 

14 careers in in-demand industries that will result in 

15 opportunities for advancement;’’. 

16 SEC. 117. JOB CORPS DEFINITIONS. 

17 Section 142 (29 U.S.C. 2882) is amended— 

18 (1) in paragraph (2)— 

19 (A) in the paragraph heading, by striking 

20 ‘‘APPLICABLE ONE-STOP’’ and inserting ‘‘ONE21 STOP’’; 

22 (B) by striking ‘‘applicable’’; 

23 (C) by striking ‘‘customer service’’; and 

24 (D) by striking ‘‘intake’’ and inserting ‘‘as25 sessment’’; 


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1 (2) in paragraph (4), by striking ‘‘before com2 pleting the requirements’’ and all that follows and 

3 inserting ‘‘prior to becoming a graduate.’’; and 

4 (3) in paragraph (5), by striking ‘‘has com5 pleted the requirements’’ and all that follows and in6 serting the following: ‘‘who, as a result of participa7 tion in the Job Corps program, has received a reg8 ular secondary school diploma, completed the re9 quirements of a career and technical education and 

10 training program, or received, or is making satisfac11 tory progress (as defined under section 484(c) of the 

12 Higher Education Act of 1965 (20 U.S.C. 1091(c))) 

13 toward receiving, a recognized postsecondary creden14 tial, including an industry-recognized credential that 

15 prepares individuals for employment leading to eco16 nomic self-sufficiency.’’. 

17 SEC. 118. INDIVIDUALS ELIGIBLE FOR THE JOB CORPS. 

18 Section 144 (29 U.S.C. 2884) is amended— 

19 (1) by amending paragraph (1) to read as fol20 lows: 

21 ‘‘(1) not less than age 16 and not more than 

22 age 24 on the date of enrollment;’’; 

23 (2) in paragraph (3)(B), by inserting ‘‘sec24 ondary’’ before ‘‘school’’; and 


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1 (3) in paragraph (3)(E), by striking ‘‘voca2 tional’’ and inserting ‘‘career and technical edu3 cation and’’. 

4 SEC. 119. RECRUITMENT, SCREENING, SELECTION, AND AS5 SIGNMENT OF ENROLLEES. 

6 Section 145 (29 U.S.C. 2885) is amended— 

7 (1) in subsection (a)— 

8 (A) in paragraph (2)(C)(i) by striking ‘‘vo9 cational’’ and inserting ‘‘career and technical 

10 education and training’’; and 

11 (B) in paragraph (3)— 

12 (i) by striking ‘‘To the extent prac13 ticable, the’’ and inserting ‘‘The’’; 

14 (ii) in subparagraph (A)— 

15 (I) by striking ‘‘applicable’’; and 

16 (II) by inserting ‘‘and’’ after the 

17 semicolon; 

18 (iii) by striking subparagraphs (B) 

19 and (C); and 

20 (iv) by adding at the end the fol21 lowing: 

22 ‘‘(B) organizations that have a dem23 onstrated record of effectiveness in placing at24 risk youth into employment.’’; 

25 (2) in subsection (b)— 


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1 (A) in paragraph (1)— 

2 (i) in subparagraph (B), by inserting 

3 ‘‘and agrees to such rules’’ after ‘‘failure 

4 to observe the rules’’; and 

5 (ii) by amending subparagraph (C) to 

6 read as follows: 

7 ‘‘(C) the individual has passed a back8 ground check conducted in accordance with pro9 cedures established by the Secretary, which 

10 shall include— 

11 ‘‘(i) a search of the State criminal 

12 registry or repository in the State where 

13 the individual resides and each State where 

14 the individual previously resided; 

15 ‘‘(ii) a search of State-based child 

16 abuse and neglect registries and databases 

17 in the State where the individual resides 

18 and each State where the individual pre19 viously resided; 

20 ‘‘(iii) a search of the National Crime 

21 Information Center; 

22 ‘‘(iv) a Federal Bureau of Investiga23 tion fingerprint check using the Integrated 

24 Automated Fingerprint Identification Sys25 tem; and 


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1 ‘‘(v) a search of the National Sex Of2 fender Registry established under the 

3 Adam Walsh Child Protection and Safety 

4 Act of 2006 (42 U.S.C. 16901 et seq.).’’; 

5 and 

6 (B) by adding at the end the following new 

7 paragraph: 

8 ‘‘(3) INDIVIDUALS CONVICTED OF A CRIME.— 

9 An individual shall be ineligible for enrollment if the 

10 individual— 

11 ‘‘(A) makes a false statement in connection 

12 with the criminal background check described in 

13 paragraph (1)(C); 

14 ‘‘(B) is registered or is required to be reg15 istered on a State sex offender registry or the 

16 National Sex Offender Registry established 

17 under the Adam Walsh Child Protection and 

18 Safety Act of 2006 (42 U.S.C. 16901 et seq.); 

19 or 

20 ‘‘(C) has been convicted of a felony con21 sisting of— 

22 ‘‘(i) homicide; 

23 ‘‘(ii) child abuse or neglect; 

24 ‘‘(iii) a crime against children, includ25 ing child pornography; 


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1 ‘‘(iv) a crime involving rape or sexual 

2 assault; or 

3 ‘‘(v) physical assault, battery, or a 

4 drug-related offense, committed within the 

5 past 5 years.’’; 

6 (3) in subsection (c)— 

7 (A) in paragraph (1)— 

8 (i) by striking ‘‘2 years’’ and inserting 

9 ‘‘year’’; and 

10 (ii) by striking ‘‘an assignment’’ and 

11 inserting ‘‘a’’; and 

12 (B) in paragraph (2)— 

13 (i) in the matter preceding subpara14 graph (A), by striking ‘‘, every 2 years,’’; 

15 (ii) in subparagraph (B), by striking 

16 ‘‘and’’ at the end; and 

17 (iii) in subparagraph (C)— 

18 (I) by inserting ‘‘the education 

19 and training’’ after ‘‘including’’; and 

20 (II) by striking the period at the 

21 end and inserting ‘‘; and’’; and 

22 (iv) by adding at the end the fol23 lowing: 

24 ‘‘(D) the performance of the Job Corps 

25 center relating to the indicators described in 


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1 paragraphs (1) and (2) in section 159(c), and 

2 whether any actions have been taken with re3 spect to such center pursuant to section 

4 159(f).’’; and 

5 (4) in subsection (d)— 

6 (A) in paragraph (1)— 

7 (i) in the matter preceding subpara8 graph (A), by striking ‘‘is closest to the 

9 home of the enrollee, except that the’’ and 

10 inserting ‘‘offers the type of career and 

11 technical education and training selected 

12 by the individual and, among the centers 

13 that offer such education and training, is 

14 closest to the home of the individual. The’’; 

15 (ii) by striking subparagraph (A); and 

16 (iii) by redesignating subparagraphs 

17 (B) and (C) as subparagraphs (A) and 

18 (B), respectively; and 

19 (B) in paragraph (2), by inserting ‘‘that 

20 offers the career and technical education and 

21 training desired by’’ after ‘‘home of the en22 rollee’’. 

23 SEC. 120. JOB CORPS CENTERS. 

24 Section 147 (29 U.S.C. 2887) is amended— 

25 (1) in subsection (a)— 


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1 (A) in paragraph (1)(A), by striking ‘‘voca2 tional’’ both places it appears and inserting 

3 ‘‘career and technical’’; and 

4 (B) in paragraph (2)— 

5 (i) in subparagraph (A)— 

6 (I) by striking ‘‘subsections (c) 

7 and (d) of section 303 of the Federal 

8 Property and Administrative Services 

9 Act of 1949 (41 U.S.C. 253)’’ and in10 serting ‘‘subsections (a) and (b) of 

11 section 3304 of title 41, United States 

12 Code’’; and 

13 (II) by striking ‘‘industry coun14 cil’’ and inserting ‘‘workforce coun15 cil’’; 

16 (ii) in subparagraph (B)(i)— 

17 (I) by amending subclause (II) to 

18 read as follows: 

19 ‘‘(II) the ability of the entity to 

20 offer career and technical education 

21 and training that the workforce coun22 cil proposes under section 154(c);’’; 

23 (II) in subclause (III), by strik24 ing ‘‘is familiar with the surrounding 

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1 ing ‘‘demonstrates relationships with 

2 the surrounding communities, employ3 ers, workforce boards,’’ and by strik4 ing ‘‘and’’ at the end; 

5 (III) by amending subclause (IV) 

6 to read as follows: 

7 ‘‘(IV) the performance of the en8 tity, if any, relating to operating or 

9 providing activities described in this 

10 subtitle to a Job Corps center, includ11 ing the entity’s demonstrated effec12 tiveness in assisting individuals in 

13 achieving the primary and secondary 

14 indicators of performance described in 

15 paragraphs (1) and (2) of section 

16 159(c); and’’; and 

17 (IV) by adding at the end the fol18 lowing new subclause: 

19 ‘‘(V) the ability of the entity to 

20 demonstrate a record of successfully 

21 assisting at-risk youth to connect to 

22 the workforce, including by providing 

23 them with intensive academic, and ca24 reer and technical education and 

25 training.’’; and 


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1 (iii) in subparagraph (B)(ii), by strik2 ing ‘‘, as appropriate’’; 

3 (2) in subsection (b), by striking ‘‘In any year, 

4 no more than 20 percent of the individuals enrolled 

5 in the Job Corps may be nonresidential participants 

6 in the Job Corps.’’; 

7 (3) by amending subsection (c) to read as fol8 lows: 

9 ‘‘(c) CIVILIAN CONSERVATION CENTERS.— 

10 ‘‘(1) IN GENERAL.—The Job Corps centers may 

11 include Civilian Conservation Centers, operated 

12 under an agreement between the Secretary of Labor 

13 and the Secretary of Agriculture, that are located 

14 primarily in rural areas. Such centers shall adhere 

15 to all the provisions of this subtitle, and shall pro16 vide, in addition to education, career and technical 

17 education and training, and workforce preparation 

18 skills training described in section 148, programs of 

19 work experience to conserve, develop, or manage 

20 public natural resources or public recreational areas 

21 or to develop community projects in the public inter22 est. 

23 ‘‘(2) SELECTION PROCESS.—The Secretary 

24 shall select an entity that submits an application 

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1 tion Center on a competitive basis, as provided in 

2 subsection (a).’’; and 

3 (4) by striking subsection (d) and inserting the 

4 following: 

5 ‘‘(d) APPLICATION.—To be eligible to operate a Job 

6 Corps center under this subtitle, an entity shall submit 

7 an application to the Secretary at such time, in such man8 ner, and containing such information as the Secretary may 

9 require, including— 

10 ‘‘(1) a description of the program activities that 

11 will be offered at the center, including how the ca12 reer and technical education and training reflect 

13 State and local employment opportunities, including 

14 in in-demand industries; 

15 ‘‘(2) a description of the counseling, placement, 

16 and support activities that will be offered at the cen17 ter, including a description of the strategies and pro18 cedures the entity will use to place graduates into 

19 unsubsidized employment upon completion of the 

20 program; 

21 ‘‘(3) a description of the demonstrated record 

22 of effectiveness that the entity has in placing at-risk 

23 youth into employment, including past performance 

24 of operating a Job Corps center under this subtitle; 


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1 ‘‘(4) a description of the relationships that the 

2 entity has developed with State and local workforce 

3 boards, employers, State and local educational agen4 cies, and the surrounding communities in an effort 

5 to promote a comprehensive statewide workforce in6 vestment system; 

7 ‘‘(5) a description of the strong fiscal controls 

8 the entity has in place to ensure proper accounting 

9 of Federal funds, and a description of how the entity 

10 will meet the requirements of section 159(a); 

11 ‘‘(6) a description of the strategies and policies 

12 the entity will utilize to reduce participant costs; 

13 ‘‘(7) a description of the steps taken to control 

14 costs in accordance with section 159(a)(3); 

15 ‘‘(8) a detailed budget of the activities that will 

16 be supported using funds under this subtitle; 

17 ‘‘(9) a detailed budget of the activities that will 

18 be supported using funds from non-Federal re19 sources; 

20 ‘‘(10) an assurance the entity will comply with 

21 the administrative cost limitation included in section 

22 151(c); 

23 ‘‘(11) an assurance the entity is licensed to op24 erate in the State in which the center is located; and 


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1 ‘‘(12) an assurance the entity will comply with 

2 and meet basic health and safety codes, including 

3 those measures described in section 152(b). 

4 ‘‘(e) LENGTH OF AGREEMENT.—The agreement de5 scribed in subsection (a)(1)(A) shall be for not longer than 

6 a 2-year period. The Secretary may renew the agreement 

7 for 3 one-year periods if the entity meets the requirements 

8 of subsection (f). 

9 ‘‘(f) RENEWAL.— 

10 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

11 the Secretary may renew the terms of an agreement 

12 described in subsection (a)(1)(A) for an entity to op13 erate a Job Corps center if the center meets or ex14 ceeds each of the indicators of performance de15 scribed in section 159(c)(1). 

16 ‘‘(2) RECOMPETITION.— 

17 ‘‘(A) IN GENERAL.—Notwithstanding para18 graph (1), the Secretary shall not renew the 

19 terms of the agreement for an entity to operate 

20 a Job Corps center if such center is ranked in 

21 the bottom quintile of centers described in sec22 tion 159(f)(2) for any program year. Such enti23 ty may submit a new application under sub24 section (d) only if such center has shown sig25 nificant improvement on the indicators of perVerDate Mar 15 2010 23:27 Mar 18, 2013 Jkt 029200 PO 00000 Frm 00142 Fmt 6652 Sfmt 6201 E:\BILLS\H803.RFS H803

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1 formance described in section 159(c)(1) over 

2 the last program year. 

3 ‘‘(B) VIOLATIONS.—The Secretary shall 

4 not select an entity to operate a Job Corps cen5 ter if such entity or such center has been found 

6 to have a systemic or substantial material fail7 ure that involves— 

8 ‘‘(i) a threat to the health, safety, or 

9 civil rights of program participants or 

10 staff; 

11 ‘‘(ii) the misuse of funds received 

12 under this subtitle; 

13 ‘‘(iii) loss of legal status or financial 

14 viability, loss of permits, debarment from 

15 receiving Federal grants or contracts, or 

16 the improper use of Federal funds; 

17 ‘‘(iv) failure to meet any other Fed18 eral or State requirement that the entity 

19 has shown an unwillingness or inability to 

20 correct, after notice from the Secretary, 

21 within the period specified; or 

22 ‘‘(v) an unresolved area of noncompli23 ance. 

24 ‘‘(g) CURRENT GRANTEES.—Not later than 60 days 

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1 withstanding any previous grant award or renewals of 

2 such award under this subtitle, the Secretary shall require 

3 all entities operating a Job Corps center under this sub4 title to submit an application under subsection (d) to carry 

5 out the requirements of this section.’’. 

6 SEC. 121. PROGRAM ACTIVITIES. 

7 Section 148 (29 U.S.C. 2888) is amended— 

8 (1) by amending subsection (a) to read as fol9 lows: 

10 ‘‘(a) ACTIVITIES PROVIDED THROUGH JOB CORPS

11 CENTERS.— 

12 ‘‘(1) IN GENERAL.—Each Job Corps center 

13 shall provide enrollees with an intensive, well-orga14 nized, and supervised program of education, career, 

15 and technical education and training, work experi16 ence, recreational activities, physical rehabilitation 

17 and development, and counseling. Each Job Corps 

18 center shall provide enrollees assigned to the center 

19 with access to work-ready services described in sec20 tion 134(c)(2). 

21 ‘‘(2) RELATIONSHIP TO OPPORTUNITIES.— 

22 ‘‘(A) IN GENERAL.—The activities pro23 vided under this subsection shall be targeted to 

24 helping enrollees, on completion of their enroll25 ment— 


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1 ‘‘(i) secure and maintain meaningful 

2 unsubsidized employment; 

3 ‘‘(ii) complete secondary education 

4 and obtain a regular secondary school di5 ploma; 

6 ‘‘(iii) enroll in and complete postsec7 ondary education or training programs, in8 cluding obtaining recognized postsecondary 

9 credentials, industry-recognized creden10 tials, and registered apprenticeships; or 

11 ‘‘(iv) satisfy Armed Forces require12 ments. 

13 ‘‘(B) LINK TO EMPLOYMENT OPPORTUNI14 TIES.—The career and technical education and 

15 training provided shall be linked to the employ16 ment opportunities in in-demand industries in 

17 the State in which the Job Corps center is lo18 cated.’’; and 

19 (2) in subsection (b)— 

20 (A) in the subsection heading, by striking 

21 ‘‘EDUCATION AND VOCATIONAL’’ and inserting 

22 ‘‘ACADEMIC AND CAREER AND TECHNICAL

23 EDUCATION AND’’; 

24 (B) by striking ‘‘may’’ after ‘‘The Sec25 retary’’ and inserting ‘‘shall’’; and 


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1 (C) by striking ‘‘vocational’’ each place it 

2 appears and inserting ‘‘career and technical’’; 

3 and 

4 (3) by amending paragraph (3) of subsection 

5 (c) to read as follows: 

6 ‘‘(3) DEMONSTRATION.—Each year, any oper7 ator seeking to enroll additional enrollees in an ad8 vanced career training program shall demonstrate, 

9 before the operator may carry out such additional 

10 enrollment, that— 

11 ‘‘(A) participants in such program have 

12 achieved a satisfactory rate of completion and 

13 placement in training-related jobs; and 

14 ‘‘(B) such operator has met or exceeded 

15 the indicators of performance described in para16 graphs (1) and (2) of section 159(c) for the 

17 previous year.’’. 

18 SEC. 122. COUNSELING AND JOB PLACEMENT. 

19 Section 149 (29 U.S.C. 2889) is amended— 

20 (1) in subsection (a), by striking ‘‘vocational’’ 

21 and inserting ‘‘career and technical education and’’; 

22 (2) in subsection (b), by striking ‘‘make every 

23 effort to arrange to’’; and 

24 (3) by striking subsection (d). 


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1 SEC. 123. SUPPORT. 

2 Subsection (b) of section 150 (29 U.S.C. 2890) is 

3 amended to read as follows: 

4 ‘‘(b) TRANSITION ALLOWANCES AND SUPPORT FOR

5 GRADUATES.—The Secretary shall arrange for a transi6 tion allowance to be paid to graduates. The transition al7 lowance shall be incentive-based to reflect a graduate’s 

8 completion of academic, career and technical education or 

9 training, and attainment of a recognized postsecondary 

10 credential, including an industry-recognized credential.’’. 

11 SEC. 124. OPERATIONS. 

12 Section 151 (29 U.S.C. 2891) is amended— 

13 (1) in the header, by striking ‘‘OPERATING

14 PLAN.’’ and inserting ‘‘OPERATIONS.’’; 

15 (2) in subsection (a), by striking ‘‘IN GEN16 ERAL.—’’ and inserting ‘‘OPERATING PLAN.—’’; 

17 (3) by striking subsection (b) and redesignating 

18 subsection (c) as subsection (b); 

19 (4) by amending subsection (b) (as so redesig20 nated)— 

21 (A) in the heading by inserting ‘‘OF OPER22 ATING PLAN’’ after ‘‘AVAILABILITY’’; and 

23 (B) by striking ‘‘subsections (a) and (b)’’ 

24 and inserting ‘‘subsection (a)’’; and 

25 (5) by adding at the end the following new sub26 section: 


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1 ‘‘(c) ADMINISTRATIVE COSTS.—Not more than 10 

2 percent of the funds allotted under section 147 to an enti3 ty selected to operate a Job Corps center may be used 

4 by the entity for administrative costs under this subtitle.’’. 

5 SEC. 125. COMMUNITY PARTICIPATION. 

6 Section 153 (29 U.S.C. 2893) is amended to read as 

7 follows: 

8 ‘‘SEC. 153. COMMUNITY PARTICIPATION. 

9 ‘‘The director of each Job Corps center shall encour10 age and cooperate in activities to establish a mutually ben11 eficial relationship between Job Corps centers in the State 

12 and nearby communities. Such activities may include the 

13 use of any local workforce development boards established 

14 under section 117 to provide a mechanism for joint discus15 sion of common problems and for planning programs of 

16 mutual interest.’’. 

17 SEC. 126. WORKFORCE COUNCILS. 

18 Section 154 (29 U.S.C. 2894) is amended to read as 

19 follows: 

20 ‘‘SEC. 154. WORKFORCE COUNCILS. 

21 ‘‘(a) IN GENERAL.—Each Job Corps center shall 

22 have a workforce council appointed by the Governor of the 

23 State in which the Job Corps center is located. 

24 ‘‘(b) WORKFORCE COUNCIL COMPOSITION.— 


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1 ‘‘(1) IN GENERAL.—A workforce council shall 

2 be comprised of— 

3 ‘‘(A) business members of the State board 

4 described in section 111(b)(1)(B)(i); 

5 ‘‘(B) business members of the local boards 

6 described in section 117(b)(2)(A) located in the 

7 State; 

8 ‘‘(C) a representative of the State board 

9 described in section 111(f); and 

10 ‘‘(D) such other representatives and State 

11 agency officials as the Governor may designate. 

‘‘(2) MAJORITY.—A 2 12 ⁄3 majority of the mem13 bers of the workforce council shall be representatives 

14 described in paragraph (1)(A). 

15 ‘‘(c) RESPONSIBILITIES.—The responsibilities of the 

16 workforce council shall be— 

17 ‘‘(1) to review all the relevant labor market in18 formation, including related information in the State 

19 plan described in section 112, to— 

20 ‘‘(A) determine the in-demand industries 

21 in the State in which enrollees intend to seek 

22 employment after graduation; 

23 ‘‘(B) determine the skills and education 

24 that are necessary to obtain the employment 


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1 opportunities described in subparagraph (A); 

2 and 

3 ‘‘(C) determine the type or types of career 

4 and technical education and training that will 

5 be implemented at the center to enable the en6 rollees to obtain the employment opportunities; 

7 and 

8 ‘‘(2) to meet at least once a year to reevaluate 

9 the labor market information, and other relevant in10 formation, to determine any necessary changes in 

11 the career and technical education and training pro12 vided at the center.’’. 

13 SEC. 127. TECHNICAL ASSISTANCE. 

14 Section 156 (29 U.S.C. 2896) is amended to read as 

15 follows: 

16 ‘‘SEC. 156. TECHNICAL ASSISTANCE TO CENTERS. 

17 ‘‘(a) IN GENERAL.—From the funds reserved under 

18 section 132(a)(3), the Secretary shall provide, directly or 

19 through grants, contracts, or other agreements or ar20 rangements as the Secretary considers appropriate, tech21 nical assistance and training for the Job Corps program 

22 for the purposes of improving program quality. 

23 ‘‘(b) ACTIVITIES.—In providing training and tech24 nical assistance and for allocating resources for such as25 sistance, the Secretary shall— 


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1 ‘‘(1) assist entities, including those entities not 

2 currently operating a Job Corps center, in devel3 oping the application described in section 147(d); 

4 ‘‘(2) assist Job Corps centers and programs in 

5 correcting deficiencies and violations under this sub6 title; 

7 ‘‘(3) assist Job Corps centers and programs in 

8 meeting or exceeding the indicators of performance 

9 described in paragraph (1) and (2) of section 159(c); 

10 and 

11 ‘‘(4) assist Job Corps centers and programs in 

12 the development of sound management practices, in13 cluding financial management procedures.’’. 

14 SEC. 128. SPECIAL PROVISIONS. 

15 Section 158(c)(1) (29 U.S.C. 2989(c)(1)) is amended 

16 by striking ‘‘title II of the Federal Property and Adminis17 trative Services Act of 1949 (40 U.S.C. 481 et seq.)’’ and 

18 inserting ‘‘chapter of 5 title 40, United States Code,’’. 

19 SEC. 129. PERFORMANCE ACCOUNTABILITY MANAGEMENT. 

20 Section 159 (29 U.S.C. 2899) is amended— 

21 (1) in the section heading, by striking ‘‘MAN22 AGEMENT INFORMATION’’ and inserting ‘‘PER23 FORMANCE ACCOUNTABILITY AND MANAGE24 MENT’’; 


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1 (2) in subsection (a)(3), by inserting before the 

2 period at the end the following: ‘‘, or operating costs 

3 for such centers result in a budgetary shortfall’’; 

4 (3) by striking subsections (c) through (g); and 

5 (4) by inserting after subsection (b) the fol6 lowing: 

7 ‘‘(c) INDICATORS OF PERFORMANCE.— 

8 ‘‘(1) PRIMARY INDICATORS.—The annual pri9 mary indicators of performance for Job Corps cen10 ters shall include— 

11 ‘‘(A) the percentage and number of enroll12 ees who graduate from the Job Corps center; 

13 ‘‘(B) the percentage and number of grad14 uates who entered unsubsidized employment re15 lated to the career and technical education and 

16 training received through the Job Corps center, 

17 except that such calculation shall not include 

18 enrollment in education, the military or volun19 teer service; 

20 ‘‘(C) the percentage and number of grad21 uates who obtained a recognized postsecondary 

22 credential, including an industry-recognized cre23 dential or a registered apprenticeship; and 

24 ‘‘(D) the cost per successful performance 

25 outcome, which is calculated by comparing the 


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1 number of graduates who were placed in unsub2 sidized employment or obtained a recognized 

3 credential, including an industry-recognized cre4 dential, to total program costs, including all op5 erations, construction, and administration costs 

6 at each Job Corp center. 

7 ‘‘(2) SECONDARY INDICATORS.—The annual 

8 secondary indicators of performance for Job Corps 

9 centers shall include— 

10 ‘‘(A) the percentage and number of grad11 uates who entered unsubsidized employment not 

12 related to the career and technical education 

13 and training received through the Job Corps 

14 center; 

15 ‘‘(B) the percentage and number of grad16 uates who entered into postsecondary education; 

17 ‘‘(C) the percentage and number of grad18 uates who entered into the military; 

19 ‘‘(D) the average wage of graduates who 

20 are in unsubsidized employment— 

21 ‘‘(i) on the first day of employment; 

22 and 

23 ‘‘(ii) 6 months after the first day; 

24 ‘‘(E) the number and percentage of grad25 uates who entered unsubsidized employment 


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1 and were retained in the unsubsidized employ2 ment— 

3 ‘‘(i) 6 months after the first day of 

4 employment; and 

5 ‘‘(ii) 12 months after the first day of 

6 employment; 

7 ‘‘(F) the percentage and number of enroll8 ees compared to the percentage and number of 

9 enrollees the Secretary has established targets 

10 in section 145(c)(1); 

11 ‘‘(G) the cost per training slot, which is 

12 calculated by comparing the program’s max13 imum number of students that can be enrolled 

14 in a Job Corps center at any given time during 

15 the program year to the number of enrollees in 

16 the same program year; and 

17 ‘‘(H) the number and percentage of former 

18 enrollees, including the number dismissed under 

19 the zero tolerance policy described in section 

20 152(b). 

21 ‘‘(3) INDICATORS OF PERFORMANCE FOR RE22 CRUITERS.—The annual indicators of performance 

23 for recruiters shall include the measurements de24 scribed in subparagraph (A) of paragraph (1) and 

25 subparagraphs (F), (G), and (H) of paragraph (2). 


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1 ‘‘(4) INDICATORS OF PERFORMANCE OF CAREER

2 TRANSITION SERVICE PROVIDERS.—The annual indi3 cators of performance of career transition service 

4 providers shall include the measurements described 

5 in subparagraphs (B) and (C) of paragraph (1) and 

6 subparagraphs, (B), (C), (D), and (E) of paragraph 

7 (2). 

8 ‘‘(d) ADDITIONAL INFORMATION.—The Secretary 

9 shall collect, and submit in the report described in sub10 section (f), information on the performance of each Job 

11 Corps center, and the Job Corps program, regarding— 

12 ‘‘(1) the number and percentage of former en13 rollees who obtained a regular secondary school di14 ploma; 

15 ‘‘(2) the number and percentage of former en16 rollees who entered unsubsidized employment; 

17 ‘‘(3) the number and percentage of former en18 rollees who obtained a recognized postsecondary cre19 dential, including an industry-recognized credential; 

20 ‘‘(4) the number and percentage of former en21 rollees who entered into military service; and 

22 ‘‘(5) any additional information required by the 

23 Secretary. 

24 ‘‘(e) METHODS.—The Secretary shall collect the in25 formation described in subsections (c) and (d), using 


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1 methods described in section 136(i)(2) and consistent with 

2 State law, by entering into agreements with the States to 

3 access such data for Job Corps enrollees, former enrollees, 

4 and graduates. 

5 ‘‘(f) TRANSPARENCY AND ACCOUNTABILITY.— 

6 ‘‘(1) REPORT.—The Secretary shall collect and 

7 annually submit to the Committee on Education and 

8 the Workforce of the House of Representatives and 

9 the Committee on Health, Education, Labor and 

10 Pensions of the Senate, and make available to the 

11 public by electronic means, a report containing— 

12 ‘‘(A) information on the performance of 

13 each Job Corps center, and the Job Corps pro14 gram, on the performance indicators described 

15 in paragraphs (1) and (2) of subsection (c); 

16 ‘‘(B) a comparison of each Job Corps cen17 ter, by rank, on the performance indicators de18 scribed in paragraphs (1) and (2) of subsection 

19 (c); 

20 ‘‘(C) a comparison of each Job Corps cen21 ter, by rank, on the average performance of all 

22 primary indicators described in paragraph (1) 

23 of subsection (c); 

24 ‘‘(D) information on the performance of 

25 the service providers described in paragraphs 


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1 (3) and (4) of subsection (c) on the perform2 ance indicators established under such para3 graphs; and 

4 ‘‘(E) a comparison of each service pro5 vider, by rank, on the performance of all service 

6 providers described in paragraphs (3) and (4) 

7 of subsection (c) on the performance indicators 

8 established under such paragraphs. 

9 ‘‘(2) ASSESSMENT.—The Secretary shall con10 duct an annual assessment of the performance of 

11 each Job Corps center which shall include informa12 tion on the Job Corps centers that— 

13 ‘‘(A) are ranked in the bottom 10 percent 

14 on the performance indicator described in para15 graph (1)(C); or 

16 ‘‘(B) have failed a safety and health code 

17 review described in subsection (g). 

18 ‘‘(3) PERFORMANCE IMPROVEMENT.—With re19 spect to a Job Corps center that is identified under 

20 paragraph (2) or reports less than 50 percent on the 

21 performance indicators described in subparagraph 

22 (A), (B), or (C) of subsection (c)(1), the Secretary 

23 shall develop and implement a 1 year performance 

24 improvement plan. Such a plan shall require action 

25 including— 


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1 ‘‘(A) providing technical assistance to the 

2 center; 

3 ‘‘(B) changing the management staff of 

4 the center; 

5 ‘‘(C) replacing the operator of the center; 

6 ‘‘(D) reducing the capacity of the center; 

7 or 

8 ‘‘(E) closing the center. 

9 ‘‘(4) CLOSURE OF JOB CORPS CENTERS.—Job 

10 Corps centers that have been identified under para11 graph (2) for more than 4 consecutive years shall be 

12 closed. The Secretary shall ensure— 

13 ‘‘(A) that the proposed decision to close 

14 the center is announced in advance to the gen15 eral public through publication in the Federal 

16 Register and other appropriate means; and 

17 ‘‘(B) the establishment of a reasonable 

18 comment period, not to exceed 30 days, for in19 terested individuals to submit written comments 

20 to the Secretary. 

21 ‘‘(g) PARTICIPANT HEALTH AND SAFETY.—The Sec22 retary shall enter into an agreement with the General 

23 Services Administration or the appropriate State agency 

24 responsible for inspecting public buildings and safe25 guarding the health of disadvantaged students, to conduct 


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1 an in-person review of the physical condition and health2 related activities of each Job Corps center annually. Such 

3 review shall include a passing rate of occupancy under 

4 Federal and State ordinances.’’. 

5 Subtitle D—National Programs 

6 SEC. 130. TECHNICAL ASSISTANCE. 

7 Section 170 (29 U.S.C. 2915) is amended— 

8 (1) by striking subsection (b); 

9 (2) by striking: 

10 ‘‘(a) GENERAL TECHNICAL ASSISTANCE.—’’; 

11 (3) by redesignating paragraphs (1), (2), and 

12 (3) as subsections (a), (b), and (c) respectively, and 

13 moving such subsections 2 ems to the left, and con14 forming the casing style of the headings of such sub15 sections to the casing style of the heading of sub16 section (d), as added by paragraph (7) of this sec17 tion; 

18 (4) in subsection (a) (as so redesignated)— 

19 (A) by inserting ‘‘the training of staff pro20 viding rapid response services, the training of 

21 other staff of recipients of funds under this 

22 title, assistance regarding accounting and pro23 gram operation practices (when such assistance 

24 would not be duplicative to assistance provided 

25 by the State), technical assistance to States 


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1 that do not meet State performance measures 

2 described in section 136,’’ after ‘‘localities,’’; 

3 and 

4 (B) by striking ‘‘from carrying out activi5 ties’’ and all that follows up to the period and 

6 inserting ‘‘to implement the amendments made 

7 by the SKILLS Act’’; 

8 (5) in subsection (b) (as so redesignated)— 

9 (A) by striking ‘‘paragraph (1)’’ and in10 serting ‘‘subsection (a)’’; 

11 (B) by striking ‘‘, or recipient of financial 

12 assistance under any of sections 166 through 

13 169,’’; and 

14 (C) by striking ‘‘or grant recipient’’; 

15 (6) in subsection (c) (as so redesignated), by 

16 striking ‘‘paragraph (1)’’ and inserting ‘‘subsection 

17 (a)’’; and 

18 (7) by inserting, after subsection (c) (as so re19 designated), the following: 

20 ‘‘(d) BEST PRACTICES COORDINATION.—The Sec21 retary shall— 

22 ‘‘(1) establish a system through which States 

23 may share information regarding best practices with 

24 regard to the operation of workforce investment ac25 tivities under this Act; and 


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1 ‘‘(2) evaluate and disseminate information re2 garding best practices and identify knowledge 

3 gaps.’’. 

4 SEC. 131. EVALUATIONS. 

5 Section 172 (29 U.S.C. 2917) is amended— 

6 (1) in subsection (a), by striking ‘‘the Secretary 

7 shall provide for the continuing evaluation of the 

8 programs and activities, including those programs 

9 and activities carried out under section 171’’ and in10 serting ‘‘the Secretary, through grants, contracts, or 

11 cooperative agreements, shall conduct, at least once 

12 every 5 years, an independent evaluation of the pro13 grams and activities funded under this Act’’; 

14 (2) in subsection (a)(4) is amended to read as 

15 follows: 

16 ‘‘(4) the impact of receiving services and not re17 ceiving services under such programs and activities 

18 on the community, businesses, and individuals;’’; 

19 (3) in subsection (c) is amended to read as fol20 lows: 

21 ‘‘(c) TECHNIQUES.—Evaluations conducted under 

22 this section shall utilize appropriate and rigorous method23 ology and research designs, including the use of control 

24 groups chosen by scientific random assignment methodolo25 gies, quasi-experimental methods, impact analysis and the 


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1 use of administrative data. The Secretary shall conduct 

2 an impact analysis, as described in subsection (a)(4), of 

3 the formula grant program under subtitle B not later than 

4 2015, and thereafter shall conduct such an analysis not 

5 less than once every four years.’’; 

6 (4) in subsection (e) is amended by striking 

7 ‘‘the Committee on Labor and Human Resources of 

8 the Senate’’ and inserting ‘‘the Committee on 

9 Health, Education, Labor, and Pensions of the Sen10 ate’’; 

11 (5) by redesignating subsection (f) as sub12 section (g) and inserting after subsection (e) the fol13 lowing: 

14 ‘‘(f) REDUCTION OF AMOUNTS AUTHORIZED TO BE

15 APPROPRIATED FOR LATE REPORTING.—If a report re16 quired to be transmitted to Congress under this section 

17 is not transmitted on or before the time period specified 

18 for that report, amounts authorized to be appropriated 

19 under this title shall be reduced by 10 percent for the fis20 cal year that begins after the date on which the final re21 port required under this section is required to be trans22 mitted and reduced by an additional 10 percent each sub23 sequent fiscal year until each such report is transmitted 

24 to Congress.’’. 

25 (6) by adding at the end, the following: 


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1 ‘‘(h) PUBLIC AVAILABILITY.—The results of the eval2 uations conducted under this section shall be made pub3 licly available, including by posting such results on the De4 partment’s website.’’. 

5 Subtitle E—Administration 

6 SEC. 132. REQUIREMENTS AND RESTRICTIONS. 

7 Section 181 (29 U.S.C. 2931) is amended— 

8 (1) in subsection (b)(6), by striking ‘‘, including 

9 representatives of businesses and of labor organiza10 tions’’; 

11 (2) in subsection (c)(2)(A), in the matter pre12 ceding clause (i), by striking ‘‘shall’’ and inserting 

13 ‘‘may’’; 

14 (3) in subsection (e)— 

15 (A) by striking ‘‘training for’’ and insert16 ing ‘‘the entry into employment, retention in 

17 employment, or increases in earnings of’’; and 

18 (B) by striking ‘‘subtitle B’’ and inserting 

19 ‘‘this Act’’; 

20 (4) in subsection (f)(4), by striking 

21 ‘‘134(a)(3)(B)’’ and inserting ‘‘134(a)(6)’’; and 

22 (5) by adding at the end the following: 

23 ‘‘(g) SALARY AND BONUS LIMITATION.—No funds 

24 provided under this title shall be used by a recipient or 

25 subrecipient of such funds to pay the salary and bonuses 


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1 of an individual, either as direct costs or indirect costs, 

2 at a rate in excess of Level II of the Federal Executive 

3 Pay Schedule (5 U.S.C. 5313). This limitation shall not 

4 apply to vendors providing goods and services as defined 

5 in OMB Circular A–133. Where States are recipients of 

6 such funds, States may establish a lower limit for salaries 

7 and bonuses of those receiving salaries and bonuses from 

8 subrecipients of such funds, taking into account factors 

9 including the relative cost-of-living in the State, the com10 pensation levels for comparable State or local government 

11 employees, and the size of the organizations that admin12 ister the programs. 

13 ‘‘(h) GENERAL AUTHORITY.— 

14 ‘‘(1) IN GENERAL.—The Employment and 

15 Training Administration of the U.S. Department of 

16 Labor (hereinafter in this Act referred to as the ‘Ad17 ministration’) shall administer all programs author18 ized under title I and III of this Act. The Adminis19 tration shall be headed by an Assistant Secretary 

20 appointed by the President by and with the advice 

21 and consent of the Senate. Except for titles II and 

22 IV, the Administration shall be the principal agency, 

23 and the Assistant Secretary shall be the principal of24 ficer, of such Department for carrying out this Act. 


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1 ‘‘(2) QUALIFICATIONS.—The Assistant Sec2 retary shall be an individual with substantial experi3 ence in workforce development and in workforce de4 velopment management. The Assistant Secretary 

5 shall also, to the maximum extent possible, possess 

6 knowledge and have worked in or with the State or 

7 local workforce investment system or have been a 

8 member of the business community. In the perform9 ance of the functions of the office, the Assistant Sec10 retary shall be directly responsible to the Secretary 

11 or the Under Secretary as designed by the Sec12 retary. The functions of the Assistant Secretary 

13 shall not be delegated to any officer not directly re14 sponsible, both with respect to program operation 

15 and administration, to the Assistant Secretary. Any 

16 reference in this Act to duties to be carried out by 

17 the Assistant Secretary shall be considered to be a 

18 reference to duties to be carried out by the Secretary 

19 acting through the Assistant Secretary.’’. 

20 SEC. 133. PROMPT ALLOCATION OF FUNDS. 

21 Section 182 (29 U.S.C. 2932) is amended— 

22 (1) in subsection (c), by striking ‘‘127 or’’; and 

23 (2) in subsection (e)— 

24 (A) by striking ‘‘sections 128 and 133’’ 

25 and inserting ‘‘section 133’’; and 


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1 (B) by striking ‘‘127 or’’. 

2 SEC. 134. FISCAL CONTROLS; SANCTIONS. 

3 Section 184(a)(2) (29 U.S.C. 2934(a)(2)) is amend4 ed— 

5 (1) by striking ‘‘(A)’’ and all that follows 

6 through ‘‘Each’’ and inserting ‘‘Each’’; and 

7 (2) by striking subparagraph (B). 

8 SEC. 135. REPORTS TO CONGRESS. 

9 Section 185 (29 U.S.C. 2935) is amended— 

10 (1) in subsection (c)— 

11 (A) in paragraph (2), by striking ‘‘and’’ 

12 after the semicolon; 

13 (B) in paragraph (3), by striking the pe14 riod and inserting ‘‘; and’’; and 

15 (C) by adding at the end the following: 

16 ‘‘(4) shall have the option to submit or dissemi17 nate electronically any reports, records, plans, or any 

18 other data that are required to be collected or dis19 seminated under this title.’’; and 

20 (2) in subsection (e)(2), by inserting ‘‘and the 

21 Secretary shall submit to the Committee on Edu22 cation and the Workforce of the House of Rep23 resentatives and the Committee on Health, Edu24 cation, Labor, and Pensions of the Senate,’’ after 

25 ‘‘Secretary,’’. 


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1 SEC. 136. ADMINISTRATIVE PROVISIONS. 

2 Section 189 (29 U.S.C. 2939) is amended— 

3 (1) in subsection (g)— 

4 (A) by amending paragraph (1) to read as 

5 follows: 

6 ‘‘(1) IN GENERAL.—Appropriations for any fis7 cal year for programs and activities carried out 

8 under this title shall be available for obligation only 

9 on the basis of a program year. The program year 

10 shall begin on October 1 in the fiscal year for which 

11 the appropriation is made.’’; and 

12 (B) in paragraph (2)— 

13 (i) by striking ‘‘each State’’ and in14 serting ‘‘each recipient’’; and 

15 (ii) by striking ‘‘171 or’’; 

16 (2) in subsection (i)— 

17 (A) by striking paragraphs (2) and (3); 

18 (B) by redesignating paragraph (4) as 

19 paragraph (2); 

20 (C) by amending paragraph (2)(A), as so 

21 redesignated— 

22 (i) by striking ‘‘requirements of sub23 paragraph (B)’’ and all that follows 

24 through ‘‘any of the statutory or regu25 latory requirements of subtitle B’’ and in26 serting ‘‘requirements of subparagraph (B) 


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1 or (D), any of the statutory or regulatory 

2 requirements of subtitle B’’; 

3 (ii) by striking clause (ii); and 

4 (iii) in clause (i), by striking ‘‘; and’’ 

5 and inserting a period at the end; and 

6 (D) by adding at the end the following: 

7 ‘‘(D) EXPEDITED PROCESS FOR EXTEND8 ING APPROVED WAIVERS TO ADDITIONAL

9 STATES.—In lieu of the requirements of sub10 paragraphs (B) and (C), the Secretary may es11 tablish an expedited procedure for the purpose 

12 of extending to additional States the waiver of 

13 statutory or regulatory requirements that have 

14 been approved for a State pursuant to a request 

15 under subparagraph (B). Such procedure shall 

16 ensure that the extension of such waivers to ad17 ditional States are accompanied by appropriate 

18 conditions relating the implementation of such 

19 waivers. 

20 ‘‘(E) EXTERNAL CONDITIONS.—The Sec21 retary shall not require or impose new or addi22 tional requirements, which are not specified 

23 under this Act, on a State in exchange for pro24 viding a waiver to the State or a local area in 

25 the State under this paragraph.’’. 


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1 SEC. 137. STATE LEGISLATIVE AUTHORITY. 

2 Section 191(a) (29 U.S.C. 2941(a)) is amended— 

3 (1) by striking ‘‘consistent with the provisions 

4 of this title’’ and inserting ‘‘consistent with State 

5 law and the provisions of this title’’; and 

6 (2) by striking ‘‘consistent with the terms and 

7 conditions required under this title’’ and inserting 

8 ‘‘consistent with State law and the terms and condi9 tions required under this title’’. 

10 SEC. 138. GENERAL PROGRAM REQUIREMENTS. 

11 Section 195 (29 U.S.C. 2945) is amended— 

12 (1) in paragraph (7), by inserting at the end 

13 the following: 

14 ‘‘(D) Funds received by a public or private non15 profit entity that are not described in subparagraph 

16 (B), such as funds privately raised from philan17 thropic foundations, businesses, or other private en18 tities, shall not be considered to be income under 

19 this title and shall not be subject to the require20 ments of this section.’’; and 

21 (2) by adding at the end the following new 

22 paragraphs: 

23 ‘‘(14) Funds provided under this title shall not 

24 be used to establish or operate stand-alone fee-for25 service enterprises that compete with private sector 

26 employment agencies within the meaning of section 


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1 701(c) of the Civil Rights Act of 1964 (42 U.S.C. 

2 2000e(c)), except that for purposes of this para3 graph, such an enterprise does not include one-stop 

4 centers. 

5 ‘‘(15) Any report required to be submitted to 

6 Congress, or to a Committee of Congress, under this 

7 title shall be submitted to both the chairmen and 

8 ranking minority members of the Committee on 

9 Education and the Workforce of the House of Rep10 resentatives and the Committee on Health, Edu11 cation, Labor, and Pensions of the Senate.’’. 

12 SEC. 139. FEDERAL AGENCY STAFF AND RESTRICTIONS ON 

13 POLITICAL AND LOBBYING ACTIVITIES. 

14 Subtitle E of title I (29 U.S.C. 2931 et seq.) is 

15 amended by adding at the end the following new sections: 

16 ‘‘SEC. 196. FEDERAL AGENCY STAFF. 

17 ‘‘The Director of the Office of Management and 

18 Budget shall— 

19 ‘‘(1) not later than 60 days after the date of 

20 the enactment of the SKILLS Act— 

21 ‘‘(A) identify the number of Federal gov22 ernment employees who work on or administer 

23 each of the programs authorized under this Act 

24 or repealed under section 401 of the SKILLS 


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1 Act, as such programs were in effect on the day 

2 before such date of enactment; and 

3 ‘‘(B) identify the number of full-time 

4 equivalent employees who work on or admin5 ister each of the programs authorized under 

6 this Act or repealed under section 401 of the 

7 SKILLS Act, as such programs were in effect 

8 on the day before such date of enactment, and 

9 that have been repealed or consolidated on or 

10 after such date of enactment; 

11 ‘‘(2) not later than 90 after such date of enact12 ment, publish the information described in para13 graph (1) on the Office of Management and Budget 

14 website; and 

15 ‘‘(3) not later than 1 year after such date of en16 actment— 

17 ‘‘(A) reduce the workforce of the Federal 

18 Government by the number of full-time equiva19 lent employees identified under paragraph 

20 (1)(B); and 

21 ‘‘(B) submit to Congress a report on how 

22 the Director carried out the requirements of 

23 subparagraph (A). 


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1 ‘‘SEC. 197. RESTRICTIONS ON LOBBYING AND POLITICAL 

2 ACTIVITIES. 

3 ‘‘(a) LOBBYING RESTRICTIONS.— 

4 ‘‘(1) PUBLICITY RESTRICTIONS.— 

5 ‘‘(A) IN GENERAL.—Subject to subpara6 graph (B), no funds provided under this Act 

7 shall be used or proposed for use, for— 

8 ‘‘(i) publicity or propaganda purposes; 

9 or 

10 ‘‘(ii) the preparation, distribution, or 

11 use of any kit, pamphlet, booklet, publica12 tion, electronic communication, radio, tele13 vision, or video presentation designed to 

14 support or defeat the enactment of legisla15 tion before the Congress or any State or 

16 local legislature or legislative body. 

17 ‘‘(B) EXCEPTION.—Subparagraph (A) 

18 shall not apply to— 

19 ‘‘(i) normal and recognized executive20 legislative relationships; 

21 ‘‘(ii) the preparation, distribution, or 

22 use of the materials described in subpara23 graph (A)(ii) in presentation to the Con24 gress or any State or local legislature (ex25 cept that this subparagraph does not apply 

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1 tion, or use in presentation to the executive 

2 branch of any State or local government); 

3 or 

4 ‘‘(iii) if such materials are designed to 

5 support or defeat any proposed or pending 

6 regulation, administrative action, or order 

7 issued by the executive branch of any State 

8 or local government. 

9 ‘‘(2) SALARY PAYMENT RESTRICTION.—No 

10 funds provided under this Act shall be used, or pro11 posed for use, to pay the salary or expenses of any 

12 grant or contract recipient, or agent acting for such 

13 recipient, related to any activity designed to influ14 ence the enactment of legislation, appropriations, 

15 regulations, administrative action, or executive order 

16 proposed or pending before the Congress or any 

17 State government, or State legislature or local legis18 lature or legislative body, other than for normal and 

19 recognized executive-legislative relationships or par20 ticipation by an agency or officer of a State, local, 

21 or tribal government in policymaking and adminis22 trative processes within the executive branch of that 

23 government. 

24 ‘‘(b) POLITICAL RESTRICTIONS.— 


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1 ‘‘(1) IN GENERAL.—No funds received by a 

2 participant of a program or an activity under this 

3 Act shall be used for— 

4 ‘‘(A) any partisan or nonpartisan political 

5 activity or any other political activity associated 

6 with a candidate, or contending faction or 

7 group, in an election for public or party office; 

8 or 

9 ‘‘(B) any activity to provide voters with 

10 transportation to the polls or similar assistance 

11 in connection with any such election. 

12 ‘‘(2) DEFINITION.—For the purposes of this 

13 subsection, the term ‘participant’ includes any State, 

14 local area, or governmental, nonprofit, or for-profit 

15 entity receiving funds under this Act. 

16 ‘‘(3) RESTRICTION ON VOTER REGISTRATION

17 ACTIVITIES.—No funds under this Act shall be used 

18 to conduct voter registration activities.’’. 

19 Subtitle F—State Unified Plan 

20 SEC. 140. STATE UNIFIED PLAN. 

21 Section 501 (20 U.S.C. 9271) is amended— 

22 (1) by amending subsection (a) to read as fol23 lows: 


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1 ‘‘(a) GENERAL AUTHORITY.—The Secretary shall re2 ceive and approve State unified plans developed and sub3 mitted under this section.’’; 

4 (2) by amending subsection (b) to read as fol5 lows: 

6 ‘‘(b) STATE UNIFIED PLAN.— 

7 ‘‘(1) IN GENERAL.—A State may develop and 

8 submit to the Secretary a State unified plan for 2 

9 or more of the activities or programs set forth in 

10 paragraph (2). The State unified plan shall cover 

11 one or more of the activities set forth in subpara12 graphs (A) and (B) of paragraph (2) and may cover 

13 one or more of the activities set forth in subpara14 graphs (C) through (N) of paragraph (2). For pur15 poses of this paragraph, the activities and programs 

16 described in subparagraphs (A) and (B) of para17 graph (2) shall not be considered to be 2 or more 

18 activities or programs for purposes of the unified 

19 plan. Such activities or programs shall be considered 

20 to be 1 activity or program. 

21 ‘‘(2) ACTIVITIES AND PROGRAMS.—The activi22 ties and programs referred to in paragraph (1) are 

23 as follows: 

24 ‘‘(A) Programs and activities authorized 

25 under title I. 


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1 ‘‘(B) Programs and activities authorized 

2 under title II. 

3 ‘‘(C) Programs authorized under the Reha4 bilitation Act of 1973. 

5 ‘‘(D) Secondary career education programs 

6 authorized under the Carl D. Perkins Career 

7 and Applied Technology Education Act. 

8 ‘‘(E) Postsecondary career education pro9 grams authorized under the Carl D. Perkins 

10 Career and Applied Technology Education Act. 

11 ‘‘(F) Programs and activities authorized 

12 under title II of the Trade Act of 1974. 

13 ‘‘(G) National Apprenticeship Act of 1937. 

14 ‘‘(H) Programs authorized under the Com15 munity Services Block Grant Act. 

16 ‘‘(I) Programs authorized under the part A 

17 of title IV of the Social Security Act. 

18 ‘‘(J) Programs authorized under State un19 employment compensation laws (in accordance 

20 with applicable Federal law). 

21 ‘‘(K) Work programs authorized under sec22 tion 6(o) of the Food Stamp Act of 1977. 

23 ‘‘(L) Programs and activities authorized 

24 title I of the Housing and Community Develop25 ment Act of 1974. 


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1 ‘‘(M) Programs and activities authorized 

2 under the Public Workers and Economic Devel3 opment Act of 1965. 

4 ‘‘(N) Activities as defined under chapter 

5 41 of title 38, United States Code.’’; 

6 (3) by amending subsection (d) to read as fol7 lows: 

8 ‘‘(d) APPROVAL.— 

9 ‘‘(1) JURISDICTION.—In approving a State uni10 fied plan under this section, the Secretary shall— 

11 ‘‘(A) submit the portion of the State uni12 fied plan covering an activity or program de13 scribed in subsection (b)(2) to the head of the 

14 Federal agency who exercises administrative au15 thority over the activity or program for the ap16 proval of such portion by such Federal agency 

17 head; or 

18 ‘‘(B) coordinate approval of the portion of 

19 the State unified plan covering an activity or 

20 program described in subsection (b)(2) with the 

21 head of the Federal agency who exercises ad22 ministrative authority over the activity or pro23 gram. 

24 ‘‘(2) TIMELINE.—A State unified plan shall be 

25 considered to be approved by the Secretary at the 


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1 end of the 90-day period beginning on the day the 

2 Secretary receives the plan, unless the Secretary 

3 makes a written determination, during the 90-day 

4 period, that details how the plan is not consistent 

5 with the requirements of the Federal statute author6 izing an activity or program described in subsection 

7 (b)(2) and covered under the plan or how the plan 

8 is not consistent with the requirements of subsection 

9 (c)(3).’’; and 

10 (4) by adding at the end the following: 

11 ‘‘(e) ADDITIONAL EMPLOYMENT AND TRAINING

12 FUNDS.— 

13 ‘‘(1) PURPOSE.—It is the purpose of this sub14 section to reduce inefficiencies in the administration 

15 of federally-funded State and local employment and 

16 training programs. 

17 ‘‘(2) IN GENERAL.—In developing a State uni18 fied plan for the activities or programs described in 

19 subsection (b)(2) and subject to paragraph (4) and 

20 the State plan approval process under subsection 

21 (d), a State may propose to consolidate the amount, 

22 in whole or part, provided for the activities or pro23 grams dedicated to employment and training into 

24 the Workforce Investment Fund under section 


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1 132(b) to improve the administration of State and 

2 local employment and training programs. 

3 ‘‘(3) REQUIREMENTS.—A State with a State 

4 unified plan approved under subsection (d) for pur5 poses of consolidation under paragraph (2) and that 

6 is carrying out such consolidation shall— 

7 ‘‘(A) continue to meet the program re8 quirements, limitations, and prohibitions of any 

9 Federal statute authorizing the activity or pro10 gram consolidated into the Workforce Invest11 ment Fund; 

12 ‘‘(B) meet the intent and purpose of the 

13 activity or program consolidated into the Work14 force Investment Fund; and 

15 ‘‘(C) continue to make reservations and al16 lotments under subsections (a) and (b) of sec17 tion 133. 

18 ‘‘(4) EXCEPTIONS.—A State may not consoli19 date funds under paragraph (2) that are allocated to 

20 the State under— 

21 ‘‘(A) the Carl D. Perkins Career and Tech22 nical Education Act of 2006; or 

23 ‘‘(B) the Rehabilitation Act of 1973.’’. 


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1 TITLE II—ADULT EDUCATION 

2 AND FAMILY LITERACY EDU3 CATION 

4 SEC. 201. AMENDMENT. 

5 Title II (20 U.S.C. 2901 et seq.) is amended to read 

6 as follows: 

7 ‘‘TITLE II—ADULT EDUCATION 

8 AND FAMILY LITERACY EDU9 CATION 

10 ‘‘SEC. 201. SHORT TITLE. 

11 ‘‘This title may be cited as the ‘Adult Education and 

12 Family Literacy Education Act’. 

13 ‘‘SEC. 202. PURPOSE. 

14 ‘‘It is the purpose of this title to provide instructional 

15 opportunities for adults seeking to improve their literacy 

16 skills, including their basic reading, writing, speaking, and 

17 math skills, and support States and local communities in 

18 providing, on a voluntary basis, adult education and family 

19 literacy education programs, in order to— 

20 ‘‘(1) increase the literacy of adults, including 

21 the basic reading, writing, speaking, and math skills, 

22 to a level of proficiency necessary for adults to ob23 tain employment and self-sufficiency and to success24 fully advance in the workforce; 


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1 ‘‘(2) assist adults in the completion of a sec2 ondary school education (or its equivalent) and the 

3 transition to a postsecondary educational institution; 

4 ‘‘(3) assist adults who are parents to enable 

5 them to support the educational development of their 

6 children and make informed choices regarding their 

7 children’s education including, through instruction in 

8 basic reading, writing, speaking, and math skills; 

9 and 

10 ‘‘(4) assist adults who are not proficient in 

11 English in improving their reading, writing, speak12 ing, listening, comprehension, and math skills. 

13 ‘‘SEC. 203. DEFINITIONS. 

14 ‘‘In this title: 

15 ‘‘(1) ADULT EDUCATION AND FAMILY LITERACY

16 EDUCATION PROGRAMS.—The term ‘adult education 

17 and family literacy education programs’ means a se18 quence of academic instruction and educational serv19 ices below the postsecondary level that increase an 

20 individual’s ability to read, write, and speak English 

21 and perform mathematical computations leading to a 

22 level of proficiency equivalent to at least a secondary 

23 school completion that is provided for individuals— 

24 ‘‘(A) who are at least 16 years of age; 


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1 ‘‘(B) who are not enrolled or required to be 

2 enrolled in secondary school under State law; 

3 and 

4 ‘‘(C) who— 

5 ‘‘(i) lack sufficient mastery of basic 

6 reading, writing, speaking, and math skills 

7 to enable the individuals to function effec8 tively in society; 

9 ‘‘(ii) do not have a secondary school 

10 diploma or its equivalent and have not 

11 achieved an equivalent level of education; 

12 or 

13 ‘‘(iii) are English learners. 

14 ‘‘(2) ELIGIBLE AGENCY.—The term ‘eligible 

15 agency’— 

16 ‘‘(A) means the primary entity or agency 

17 in a State or an outlying area responsible for 

18 administering or supervising policy for adult 

19 education and family literacy education pro20 grams in the State or outlying area, respec21 tively, consistent with the law of the State or 

22 outlying area, respectively; and 

23 ‘‘(B) may be the State educational agency, 

24 the State agency responsible for administering 

25 workforce investment activities, or the State 


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1 agency responsible for administering community 

2 or technical colleges. 

3 ‘‘(3) ELIGIBLE PROVIDER.—The term ‘eligible 

4 provider’ means an organization of demonstrated ef5 fectiveness which is— 

6 ‘‘(A) a local educational agency; 

7 ‘‘(B) a community-based or faith-based or8 ganization; 

9 ‘‘(C) a volunteer literacy organization; 

10 ‘‘(D) an institution of higher education; 

11 ‘‘(E) a public or private educational agen12 cy; 

13 ‘‘(F) a library; 

14 ‘‘(G) a public housing authority; 

15 ‘‘(H) an institution that is not described in 

16 any of subparagraphs (A) through (G) and has 

17 the ability to provide adult education, basic 

18 skills, and family literacy education programs to 

19 adults and families; or 

20 ‘‘(I) a consortium of the agencies, organi21 zations, institutions, libraries, or authorities de22 scribed in any of subparagraphs (A) through 

23 (H). 


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1 ‘‘(4) ENGLISH LANGUAGE ACQUISITION PRO2 GRAM.—The term ‘English language acquisition pro3 gram’ means a program of instruction— 

4 ‘‘(A) designed to help English learners 

5 achieve competence in reading, writing, speak6 ing, and comprehension of the English lan7 guage; and 

8 ‘‘(B) that may lead to— 

9 ‘‘(i) attainment of a secondary school 

10 diploma or its recognized equivalent; 

11 ‘‘(ii) transition to success in postsec12 ondary education and training; and 

13 ‘‘(iii) employment or career advance14 ment. 

15 ‘‘(5) FAMILY LITERACY EDUCATION PRO16 GRAM.—The term ‘family literacy education pro17 gram’ means an educational program that— 

18 ‘‘(A) assists parents and students, on a 

19 voluntary basis, in achieving the purposes of 

20 this title as described in section 202; and 

21 ‘‘(B) is of sufficient intensity in terms of 

22 hours and of sufficient quality to make sustain23 able changes in a family, is evidence-based, and, 

24 for the purpose of substantially increasing the 


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1 ability of parents and children to read, write, 

2 and speak English, integrates— 

3 ‘‘(i) interactive literacy activities be4 tween parents and their children; 

5 ‘‘(ii) training for parents regarding 

6 how to be the primary teacher for their 

7 children and full partners in the education 

8 of their children; 

9 ‘‘(iii) parent literacy training that 

10 leads to economic self-sufficiency; and 

11 ‘‘(iv) an age-appropriate education to 

12 prepare children for success in school and 

13 life experiences. 

14 ‘‘(6) GOVERNOR.—The term ‘Governor’ means 

15 the chief executive officer of a State or outlying 

16 area. 

17 ‘‘(7) INDIVIDUAL WITH A DISABILITY.— 

18 ‘‘(A) IN GENERAL.—The term ‘individual 

19 with a disability’ means an individual with any 

20 disability (as defined in section 3 of the Ameri21 cans with Disabilities Act of 1990). 

22 ‘‘(B) INDIVIDUALS WITH DISABILITIES.— 

23 The term ‘individuals with disabilities’ means 

24 more than one individual with a disability. 


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1 ‘‘(8) ENGLISH LEARNER.—The term ‘English 

2 learner’ means an adult or out-of-school youth who 

3 has limited ability in reading, writing, speaking, or 

4 understanding the English language, and— 

5 ‘‘(A) whose native language is a language 

6 other than English; or 

7 ‘‘(B) who lives in a family or community 

8 environment where a language other than 

9 English is the dominant language. 

10 ‘‘(9) INTEGRATED EDUCATION AND TRAIN11 ING.—The term ‘integrated education and training’ 

12 means services that provide adult education and lit13 eracy activities contextually and concurrently with 

14 workforce preparation activities and workforce train15 ing for a specific occupation or occupational cluster. 

16 Such services may include offering adult education 

17 services concurrent with postsecondary education 

18 and training, including through co-instruction. 

19 ‘‘(10) INSTITUTION OF HIGHER EDUCATION.— 

20 The term ‘institution of higher education’ has the 

21 meaning given the term in section 101 of the Higher 

22 Education Act of 1965. 

23 ‘‘(11) LITERACY.—The term ‘literacy’ means an 

24 individual’s ability to read, write, and speak in 

25 English, compute, and solve problems at a level of 


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1 proficiency necessary to obtain employment and to 

2 successfully make the transition to postsecondary 

3 education. 

4 ‘‘(12) LOCAL EDUCATIONAL AGENCY.—The 

5 term ‘local educational agency’ has the meaning 

6 given the term in section 9101 of the Elementary 

7 and Secondary Education Act of 1965. 

8 ‘‘(13) OUTLYING AREA.—The term ‘outlying 

9 area’ has the meaning given the term in section 101 

10 of this Act. 

11 ‘‘(14) POSTSECONDARY EDUCATIONAL INSTITU12 TION.—The term ‘postsecondary educational institu13 tion’ means— 

14 ‘‘(A) an institution of higher education 

15 that provides not less than a 2-year program of 

16 instruction that is acceptable for credit toward 

17 a bachelor’s degree; 

18 ‘‘(B) a tribally controlled community col19 lege; or 

20 ‘‘(C) a nonprofit educational institution of21 fering certificate or apprenticeship programs at 

22 the postsecondary level. 

23 ‘‘(15) SECRETARY.—The term ‘Secretary’ 

24 means the Secretary of Education. 


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1 ‘‘(16) STATE.—The term ‘State’ means each of 

2 the several States of the United States, the District 

3 of Columbia, and the Commonwealth of Puerto Rico. 

4 ‘‘(17) STATE EDUCATIONAL AGENCY.—The 

5 term ‘State educational agency’ has the meaning 

6 given the term in section 9101 of the Elementary 

7 and Secondary Education Act of 1965. 

8 ‘‘(18) WORKPLACE LITERACY PROGRAM.—The 

9 term ‘workplace literacy program’ means an edu10 cational program that is offered in collaboration be11 tween eligible providers and employers or employee 

12 organizations for the purpose of improving the pro13 ductivity of the workforce through the improvement 

14 of reading, writing, speaking, and math skills. 

15 ‘‘SEC. 204. HOME SCHOOLS. 

16 ‘‘Nothing in this title shall be construed to affect 

17 home schools, whether or not a home school is treated as 

18 a home school or a private school under State law, or to 

19 compel a parent engaged in home schooling to participate 

20 in adult education and family literacy education activities 

21 under this title. 

22 ‘‘SEC. 205. AUTHORIZATION OF APPROPRIATIONS. 

23 ‘‘There are authorized to be appropriated to carry out 

24 this title, $606,294,933 for fiscal years 2014 and for each 

25 of the 6 succeeding fiscal years. 


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1 ‘‘Subtitle A—Federal Provisions 

2 ‘‘SEC. 211. RESERVATION OF FUNDS; GRANTS TO ELIGIBLE 

3 AGENCIES; ALLOTMENTS. 

4 ‘‘(a) RESERVATION OF FUNDS.—From the sums ap5 propriated under section 205 for a fiscal year, the Sec6 retary shall reserve 2.0 percent to carry out section 242. 

7 ‘‘(b) GRANTS TO ELIGIBLE AGENCIES.— 

8 ‘‘(1) IN GENERAL.—From the sums appro9 priated under section 205 and not reserved under 

10 subsection (a) for a fiscal year, the Secretary shall 

11 award a grant to each eligible agency having a State 

12 plan approved under section 224 in an amount equal 

13 to the sum of the initial allotment under subsection 

14 (c)(1) and the additional allotment under subsection 

15 (c)(2) for the eligible agency for the fiscal year, sub16 ject to subsections (f) and (g). 

17 ‘‘(2) PURPOSE OF GRANTS.—The Secretary 

18 may award a grant under paragraph (1) only if the 

19 eligible agency involved agrees to expend the grant 

20 in accordance with the provisions of this title. 

21 ‘‘(c) ALLOTMENTS.— 

22 ‘‘(1) INITIAL ALLOTMENTS.—From the sums 

23 appropriated under section 205 and not reserved 

24 under subsection (a) for a fiscal year, the Secretary 


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1 shall allot to each eligible agency having a State 

2 plan approved under section 224— 

3 ‘‘(A) $100,000, in the case of an eligible 

4 agency serving an outlying area; and 

5 ‘‘(B) $250,000, in the case of any other el6 igible agency. 

7 ‘‘(2) ADDITIONAL ALLOTMENTS.—From the 

8 sums appropriated under section 205, not reserved 

9 under subsection (a), and not allotted under para10 graph (1), for a fiscal year, the Secretary shall allot 

11 to each eligible agency that receives an initial allot12 ment under paragraph (1) an additional amount 

13 that bears the same relationship to such sums as the 

14 number of qualifying adults in the State or outlying 

15 area served by the eligible agency bears to the num16 ber of such adults in all States and outlying areas. 

17 ‘‘(d) QUALIFYING ADULT.—For the purpose of sub18 section (c)(2), the term ‘qualifying adult’ means an adult 

19 who— 

20 ‘‘(1) is at least 16 years of age; 

21 ‘‘(2) is beyond the age of compulsory school at22 tendance under the law of the State or outlying 

23 area; 

24 ‘‘(3) does not have a secondary school diploma 

25 or its recognized equivalent; and 


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1 ‘‘(4) is not enrolled in secondary school. 

2 ‘‘(e) SPECIAL RULE.— 

3 ‘‘(1) IN GENERAL.—From amounts made avail4 able under subsection (c) for the Republic of Palau, 

5 the Secretary shall award grants to Guam, American 

6 Samoa, the Commonwealth of the Northern Mariana 

7 Islands, or the Republic of Palau to carry out activi8 ties described in this title in accordance with the 

9 provisions of this title as determined by the Sec10 retary. 

11 ‘‘(2) TERMINATION OF ELIGIBILITY.—Notwith12 standing any other provision of law, the Republic of 

13 Palau shall be eligible to receive a grant under this 

14 title until an agreement for the extension of United 

15 States education assistance under the Compact of 

16 Free Association for the Republic of Palau becomes 

17 effective. 

18 ‘‘(f) HOLD-HARMLESS PROVISIONS.— 

19 ‘‘(1) IN GENERAL.—Notwithstanding subsection 

20 (c) and subject to paragraph (2), for— 

21 ‘‘(A) fiscal year 2014, no eligible agency 

22 shall receive an allotment under this title that 

23 is less than 90 percent of the allotment the eli24 gible agency received for fiscal year 2012 under 

25 this title; and 


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1 ‘‘(B) fiscal year 2015 and each succeeding 

2 fiscal year, no eligible agency shall receive an 

3 allotment under this title that is less than 90 

4 percent of the allotment the eligible agency re5 ceived for the preceding fiscal year under this 

6 title. 

7 ‘‘(2) RATABLE REDUCTION.—If, for any fiscal 

8 year the amount available for allotment under this 

9 title is insufficient to satisfy the provisions of para10 graph (1), the Secretary shall ratable reduce the 

11 payments to all eligible agencies, as necessary. 

12 ‘‘(g) REALLOTMENT.—The portion of any eligible 

13 agency’s allotment under this title for a fiscal year that 

14 the Secretary determines will not be required for the pe15 riod such allotment is available for carrying out activities 

16 under this title, shall be available for reallotment from 

17 time to time, on such dates during such period as the Sec18 retary shall fix, to other eligible agencies in proportion to 

19 the original allotments to such agencies under this title 

20 for such year. 

21 ‘‘SEC. 212. PERFORMANCE ACCOUNTABILITY SYSTEM. 

22 ‘‘Programs and activities authorized under this title 

23 are subject to the performance accountability provisions 

24 described in paragraph (2)(A) and (3) of section 136(b) 

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1 tors identified in the State plan approved under section 

2 224. 

3 ‘‘Subtitle B—State Provisions 

4 ‘‘SEC. 221. STATE ADMINISTRATION. 

5 ‘‘Each eligible agency shall be responsible for the fol6 lowing activities under this title: 

7 ‘‘(1) The development, submission, implementa8 tion, and monitoring of the State plan. 

9 ‘‘(2) Consultation with other appropriate agen10 cies, groups, and individuals that are involved in, or 

11 interested in, the development and implementation 

12 of activities assisted under this title. 

13 ‘‘(3) Coordination and avoidance of duplication 

14 with other Federal and State education, training, 

15 corrections, public housing, and social service pro16 grams. 

17 ‘‘SEC. 222. STATE DISTRIBUTION OF FUNDS; MATCHING RE18 QUIREMENT. 

19 ‘‘(a) STATE DISTRIBUTION OF FUNDS.—Each eligi20 ble agency receiving a grant under this title for a fiscal 

21 year— 

22 ‘‘(1) shall use an amount not less than 82.5 

23 percent of the grant funds to award grants and con24 tracts under section 231 and to carry out section 


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1 225, of which not more than 10 percent of such 

2 amount shall be available to carry out section 225; 

3 ‘‘(2) shall use not more than 12.5 percent of 

4 the grant funds to carry out State leadership activi5 ties under section 223; and 

6 ‘‘(3) shall use not more than 5 percent of the 

7 grant funds, or $65,000, whichever is greater, for 

8 the administrative expenses of the eligible agency. 

9 ‘‘(b) MATCHING REQUIREMENT.— 

10 ‘‘(1) IN GENERAL.—In order to receive a grant 

11 from the Secretary under section 211(b), each eligi12 ble agency shall provide, for the costs to be incurred 

13 by the eligible agency in carrying out the adult edu14 cation and family literacy education programs for 

15 which the grant is awarded, a non-Federal contribu16 tion in an amount that is not less than— 

17 ‘‘(A) in the case of an eligible agency serv18 ing an outlying area, 12 percent of the total 

19 amount of funds expended for adult education 

20 and family literacy education programs in the 

21 outlying area, except that the Secretary may 

22 decrease the amount of funds required under 

23 this subparagraph for an eligible agency; and 

24 ‘‘(B) in the case of an eligible agency serv25 ing a State, 25 percent of the total amount of 


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1 funds expended for adult education and family 

2 literacy education programs in the State. 

3 ‘‘(2) NON-FEDERAL CONTRIBUTION.—An eligi4 ble agency’s non-Federal contribution required under 

5 paragraph (1) may be provided in cash or in kind, 

6 fairly evaluated, and shall include only non-Federal 

7 funds that are used for adult education and family 

8 literacy education programs in a manner that is con9 sistent with the purpose of this title. 

10 ‘‘SEC. 223. STATE LEADERSHIP ACTIVITIES. 

11 ‘‘(a) IN GENERAL.—Each eligible agency may use 

12 funds made available under section 222(a)(2) for any of 

13 the following adult education and family literacy education 

14 programs: 

15 ‘‘(1) The establishment or operation of profes16 sional development programs to improve the quality 

17 of instruction provided pursuant to local activities 

18 required under section 231(b). 

19 ‘‘(2) The provision of technical assistance to eli20 gible providers of adult education and family literacy 

21 education programs, including for the development 

22 and dissemination of evidence based research in23 structional practices in reading, writing, speaking, 

24 math, and English language acquisition programs. 


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1 ‘‘(3) The provision of assistance to eligible pro2 viders in developing, implementing, and reporting 

3 measurable progress in achieving the objectives of 

4 this title. 

5 ‘‘(4) The monitoring and evaluation of the qual6 ity of, and the improvement in, adult education and 

7 literacy activities. 

8 ‘‘(5) The provision of technology assistance, in9 cluding staff training, to eligible providers of adult 

10 education and family literacy education programs, 

11 including distance education activities, to enable the 

12 eligible providers to improve the quality of such ac13 tivities. 

14 ‘‘(6) The development and implementation of 

15 technology applications or distance education, in16 cluding professional development to support the use 

17 of instructional technology. 

18 ‘‘(7) Coordination with other public programs, 

19 including programs under title I of this Act, and 

20 other welfare-to-work, workforce development, and 

21 job training programs. 

22 ‘‘(8) Coordination with existing support serv23 ices, such as transportation, child care, and other 

24 assistance designed to increase rates of enrollment 

25 in, and successful completion of, adult education and 


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1 family literacy education programs, for adults en2 rolled in such activities. 

3 ‘‘(9) The development and implementation of a 

4 system to assist in the transition from adult basic 

5 education to postsecondary education. 

6 ‘‘(10) Activities to promote workplace literacy 

7 programs. 

8 ‘‘(11) Other activities of statewide significance, 

9 including assisting eligible providers in achieving 

10 progress in improving the skill levels of adults who 

11 participate in programs under this title. 

12 ‘‘(12) Integration of literacy, instructional, and 

13 occupational skill training and promotion of linkages 

14 with employees. 

15 ‘‘(b) COORDINATION.—In carrying out this section, 

16 eligible agencies shall coordinate where possible, and avoid 

17 duplicating efforts, in order to maximize the impact of the 

18 activities described in subsection (a). 

19 ‘‘(c) STATE-IMPOSED REQUIREMENTS.—Whenever a 

20 State or outlying area implements any rule or policy relat21 ing to the administration or operation of a program au22 thorized under this title that has the effect of imposing 

23 a requirement that is not imposed under Federal law (in24 cluding any rule or policy based on a State or outlying 

25 area interpretation of a Federal statute, regulation, or 


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1 guideline), the State or outlying area shall identify, to eli2 gible providers, the rule or policy as being imposed by the 

3 State or outlying area. 

4 ‘‘SEC. 224. STATE PLAN. 

5 ‘‘(a) 3-YEAR PLANS.— 

6 ‘‘(1) IN GENERAL.—Each eligible agency desir7 ing a grant under this title for any fiscal year shall 

8 submit to, or have on file with, the Secretary a 3- 

9 year State plan. 

10 ‘‘(2) STATE UNIFIED PLAN.—The eligible agen11 cy may submit the State plan as part of a State uni12 fied plan described in section 501. 

13 ‘‘(b) PLAN CONTENTS.—The eligible agency shall in14 clude in the State plan or any revisions to the State plan— 

15 ‘‘(1) an objective assessment of the needs of in16 dividuals in the State or outlying area for adult edu17 cation and family literacy education programs, in18 cluding individuals most in need or hardest to serve; 

19 ‘‘(2) a description of the adult education and 

20 family literacy education programs that will be car21 ried out with funds received under this title; 

22 ‘‘(3) an assurance that the funds received under 

23 this title will not be expended for any purpose other 

24 than for activities under this title; 


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1 ‘‘(4) a description of how the eligible agency 

2 will annually evaluate and measure the effectiveness 

3 and improvement of the adult education and family 

4 literacy education programs funded under this title 

5 using the indicators of performance described in sec6 tion 136, including how the eligible agency will con7 duct such annual evaluations and measures for each 

8 grant received under this title; 

9 ‘‘(5) a description of how the eligible agency 

10 will fund local activities in accordance with the 

11 measurable goals described in section 231(d); 

12 ‘‘(6) an assurance that the eligible agency will 

13 expend the funds under this title only in a manner 

14 consistent with fiscal requirements in section 241; 

15 ‘‘(7) a description of the process that will be 

16 used for public participation and comment with re17 spect to the State plan, which— 

18 ‘‘(A) shall include consultation with the 

19 State workforce investment board, the State 

20 board responsible for administering community 

21 or technical colleges, the Governor, the State 

22 educational agency, the State board or agency 

23 responsible for administering block grants for 

24 temporary assistance to needy families under 

25 title IV of the Social Security Act, the State 


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1 council on disabilities, the State vocational re2 habilitation agency, and other State agencies 

3 that promote the improvement of adult edu4 cation and family literacy education programs, 

5 and direct providers of such programs; and 

6 ‘‘(B) may include consultation with the 

7 State agency on higher education, institutions 

8 responsible for professional development of 

9 adult education and family literacy education 

10 programs instructors, representatives of busi11 ness and industry, refugee assistance programs, 

12 and faith-based organizations; 

13 ‘‘(8) a description of the eligible agency’s strat14 egies for serving populations that include, at a min15 imum— 

16 ‘‘(A) low-income individuals; 

17 ‘‘(B) individuals with disabilities; 

18 ‘‘(C) the unemployed; 

19 ‘‘(D) the underemployed; and 

20 ‘‘(E) individuals with multiple barriers to 

21 educational enhancement, including English 

22 learners; 

23 ‘‘(9) a description of how the adult education 

24 and family literacy education programs that will be 

25 carried out with any funds received under this title 


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1 will be integrated with other adult education, career 

2 development, and employment and training activities 

3 in the State or outlying area served by the eligible 

4 agency; 

5 ‘‘(10) a description of the steps the eligible 

6 agency will take to ensure direct and equitable ac7 cess, as required in section 231(c)(1), including— 

8 ‘‘(A) how the State will build the capacity 

9 of community-based and faith-based organiza10 tions to provide adult education and family lit11 eracy education programs; and 

12 ‘‘(B) how the State will increase the par13 ticipation of business and industry in adult edu14 cation and family literacy education programs; 

15 ‘‘(11) an assessment of the adequacy of the sys16 tem of the State or outlying area to ensure teacher 

17 quality and a description of how the State or out18 lying area will use funds received under this subtitle 

19 to improve teacher quality, including evidence-based 

20 professional development to improve instruction; and 

21 ‘‘(12) a description of how the eligible agency 

22 will consult with any State agency responsible for 

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1 cation without the need for remediation upon com2 pletion of secondary school equivalency programs. 

3 ‘‘(c) PLAN REVISIONS.—When changes in conditions 

4 or other factors require substantial revisions to an ap5 proved State plan, the eligible agency shall submit the re6 visions of the State plan to the Secretary. 

7 ‘‘(d) CONSULTATION.—The eligible agency shall— 

8 ‘‘(1) submit the State plan, and any revisions to 

9 the State plan, to the Governor, the chief State 

10 school officer, or the State officer responsible for ad11 ministering community or technical colleges, or out12 lying area for review and comment; and 

13 ‘‘(2) ensure that any comments regarding the 

14 State plan by the Governor, the chief State school 

15 officer, or the State officer responsible for admin16 istering community or technical colleges, and any re17 vision to the State plan, are submitted to the Sec18 retary. 

19 ‘‘(e) PLAN APPROVAL.—The Secretary shall— 

20 ‘‘(1) approve a State plan within 90 days after 

21 receiving the plan unless the Secretary makes a writ22 ten determination within 30 days after receiving the 

23 plan that the plan does not meet the requirements 

24 of this section or is inconsistent with specific provi25 sions of this subtitle; and 


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1 ‘‘(2) not finally disapprove of a State plan be2 fore offering the eligible agency the opportunity, 

3 prior to the expiration of the 30-day period begin4 ning on the date on which the eligible agency re5 ceived the written determination described in para6 graph (3), to review the plan and providing technical 

7 assistance in order to assist the eligible agency in 

8 meeting the requirements of this subtitle. 

9 ‘‘SEC. 225. PROGRAMS FOR CORRECTIONS EDUCATION AND 

10 OTHER INSTITUTIONALIZED INDIVIDUALS. 

11 ‘‘(a) PROGRAM AUTHORIZED.—From funds made 

12 available under section 222(a)(1) for a fiscal year, each 

13 eligible agency shall carry out corrections education and 

14 education for other institutionalized individuals. 

15 ‘‘(b) USES OF FUNDS.—The funds described in sub16 section (a) shall be used for the cost of educational pro17 grams for criminal offenders in correctional institutions 

18 and for other institutionalized individuals, including aca19 demic programs for— 

20 ‘‘(1) basic skills education; 

21 ‘‘(2) special education programs as determined 

22 by the eligible agency; 

23 ‘‘(3) reading, writing, speaking, and math pro24 grams; 


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1 ‘‘(4) secondary school credit or diploma pro2 grams or their recognized equivalent; and 

3 ‘‘(5) integrated education and training. 

4 ‘‘(c) PRIORITY.—Each eligible agency that is using 

5 assistance provided under this section to carry out a pro6 gram for criminal offenders within a correctional institu7 tion shall give priority to serving individuals who are likely 

8 to leave the correctional institution within 5 years of par9 ticipation in the program. 

10 ‘‘(d) DEFINITIONS.—For purposes of this section: 

11 ‘‘(1) CORRECTIONAL INSTITUTION.—The term 

12 ‘correctional institution’ means any— 

13 ‘‘(A) prison; 

14 ‘‘(B) jail; 

15 ‘‘(C) reformatory; 

16 ‘‘(D) work farm; 

17 ‘‘(E) detention center; or 

18 ‘‘(F) halfway house, community-based re19 habilitation center, or any other similar institu20 tion designed for the confinement or rehabilita21 tion of criminal offenders. 

22 ‘‘(2) CRIMINAL OFFENDER.—The term ‘crimi23 nal offender’ means any individual who is charged 

24 with, or convicted of, any criminal offense. 


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1 ‘‘Subtitle C—Local Provisions 

2 ‘‘SEC. 231. GRANTS AND CONTRACTS FOR ELIGIBLE PRO3 VIDERS. 

4 ‘‘(a) GRANTS AND CONTRACTS.—From grant funds 

5 made available under section 222(a)(1), each eligible agen6 cy shall award multi-year grants or contracts, on a com7 petitive basis, to eligible providers within the State or out8 lying area that meet the conditions and requirements of 

9 this title to enable the eligible providers to develop, imple10 ment, and improve adult education and family literacy 

11 education programs within the State. 

12 ‘‘(b) LOCAL ACTIVITIES.—The eligible agency shall 

13 require eligible providers receiving a grant or contract 

14 under subsection (a) to establish or operate— 

15 ‘‘(1) programs that provide adult education and 

16 literacy activities; 

17 ‘‘(2) programs that provide integrated employ18 ment and training activities; or 

19 ‘‘(3) credit-bearing postsecondary coursework. 

20 ‘‘(c) DIRECT AND EQUITABLE ACCESS; SAME PROC21 ESS.—Each eligible agency receiving funds under this title 

22 shall ensure that— 

23 ‘‘(1) all eligible providers have direct and equi24 table access to apply for grants or contracts under 

25 this section; and 


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1 ‘‘(2) the same grant or contract announcement 

2 process and application process is used for all eligi3 ble providers in the State or outlying area. 

4 ‘‘(d) MEASURABLE GOALS.—The eligible agency shall 

5 require eligible providers receiving a grant or contract 

6 under subsection (a) to demonstrate— 

7 ‘‘(1) the eligible provider’s measurable goals for 

8 participant outcomes to be achieved annually on the 

9 core indicators of performance described in section 

10 136(b)(2)(A); 

11 ‘‘(2) the past effectiveness of the eligible pro12 vider in improving the basic academic skills of adults 

13 and, for eligible providers receiving grants in the 

14 prior year, the success of the eligible provider receiv15 ing funding under this title in exceeding its perform16 ance goals in the prior year; 

17 ‘‘(3) the commitment of the eligible provider to 

18 serve individuals in the community who are the most 

19 in need of basic academic skills instruction services, 

20 including individuals with disabilities and individuals 

21 who are low-income or have minimal reading, writ22 ing, speaking, and math skills, or are English learn23 ers; 


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1 ‘‘(4) the program is of sufficient intensity and 

2 quality for participants to achieve substantial learn3 ing gains; 

4 ‘‘(5) educational practices are evidence-based; 

5 ‘‘(6) the activities of the eligible provider effec6 tively employ advances in technology, and delivery 

7 systems including distance education; 

8 ‘‘(7) the activities provide instruction in real-life 

9 contexts, including integrated education and training 

10 when appropriate, to ensure that an individual has 

11 the skills needed to compete in the workplace and 

12 exercise the rights and responsibilities of citizenship; 

13 ‘‘(8) the activities are staffed by well-trained in14 structors, counselors, and administrators who meet 

15 minimum qualifications established by the State; 

16 ‘‘(9) the activities are coordinated with other 

17 available resources in the community, such as 

18 through strong links with elementary schools and 

19 secondary schools, postsecondary educational institu20 tions, local workforce investment boards, one-stop 

21 centers, job training programs, community-based 

22 and faith-based organizations, and social service 

23 agencies; 

24 ‘‘(10) the activities offer flexible schedules and 

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1 tation) that are necessary to enable individuals, in2 cluding individuals with disabilities or other special 

3 needs, to attend and complete programs; 

4 ‘‘(11) the activities include a high-quality infor5 mation management system that has the capacity to 

6 report measurable participant outcomes (consistent 

7 with section 136) and to monitor program perform8 ance; 

9 ‘‘(12) the local communities have a dem10 onstrated need for additional English language ac11 quisition programs, and integrated education and 

12 training programs; 

13 ‘‘(13) the capacity of the eligible provider to 

14 produce valid information on performance results, 

15 including enrollments and measurable participant 

16 outcomes; 

17 ‘‘(14) adult education and family literacy edu18 cation programs offer rigorous reading, writing, 

19 speaking, and math content that are evidence based; 

20 and 

21 ‘‘(15) applications of technology, and services to 

22 be provided by the eligible providers, are of sufficient 

23 intensity and duration to increase the amount and 

24 quality of learning and lead to measurable learning 

25 gains within specified time periods. 


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1 ‘‘(e) SPECIAL RULE.—Eligible providers may use 

2 grant funds under this title to serve children participating 

3 in family literacy programs assisted under this part, pro4 vided that other sources of funds available to provide simi5 lar services for such children are used first. 

6 ‘‘SEC. 232. LOCAL APPLICATION. 

7 ‘‘Each eligible provider desiring a grant or contract 

8 under this title shall submit an application to the eligible 

9 agency containing such information and assurances as the 

10 eligible agency may require, including— 

11 ‘‘(1) a description of how funds awarded under 

12 this title will be spent consistent with the require13 ments of this title; 

14 ‘‘(2) a description of any cooperative arrange15 ments the eligible provider has with other agencies, 

16 institutions, or organizations for the delivery of 

17 adult education and family literacy education pro18 grams; and 

19 ‘‘(3) each of the demonstrations required by 

20 section 231(d). 

21 ‘‘SEC. 233. LOCAL ADMINISTRATIVE COST LIMITS. 

22 ‘‘(a) IN GENERAL.—Subject to subsection (b), of the 

23 amount that is made available under this title to an eligi24 ble provider— 


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1 ‘‘(1) at least 95 percent shall be expended for 

2 carrying out adult education and family literacy edu3 cation programs; and 

4 ‘‘(2) the remaining amount shall be used for 

5 planning, administration, personnel and professional 

6 development, development of measurable goals in 

7 reading, writing, speaking, and math, and inter8 agency coordination. 

9 ‘‘(b) SPECIAL RULE.—In cases where the cost limits 

10 described in subsection (a) are too restrictive to allow for 

11 adequate planning, administration, personnel develop12 ment, and interagency coordination, the eligible provider 

13 may negotiate with the eligible agency in order to deter14 mine an adequate level of funds to be used for noninstruc15 tional purposes. 

16 ‘‘Subtitle D—General Provisions 

17 ‘‘SEC. 241. ADMINISTRATIVE PROVISIONS. 

18 ‘‘Funds made available for adult education and fam19 ily literacy education programs under this title shall sup20 plement and not supplant other State or local public funds 

21 expended for adult education and family literacy education 

22 programs. 

23 ‘‘SEC. 242. NATIONAL ACTIVITIES. 

24 ‘‘The Secretary shall establish and carry out a pro25 gram of national activities that may include the following: 


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1 ‘‘(1) Providing technical assistance to eligible 

2 entities, on request, to— 

3 ‘‘(A) improve their fiscal management, re4 search-based instruction, and reporting require5 ments to carry out the requirements of this 

6 title; 

7 ‘‘(B) improve its performance on the core 

8 indicators of performance described in section 

9 136; 

10 ‘‘(C) provide adult education professional 

11 development; and 

12 ‘‘(D) use distance education and improve 

13 the application of technology in the classroom, 

14 including instruction in English language acqui15 sition for English learners. 

16 ‘‘(2) Providing for the conduct of research on 

17 national literacy basic skill acquisition levels among 

18 adults, including the number of adult English learn19 ers functioning at different levels of reading pro20 ficiency. 

21 ‘‘(3) Improving the coordination, efficiency, and 

22 effectiveness of adult education and workforce devel23 opment services at the national, State, and local lev24 els. 


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1 ‘‘(4) Determining how participation in adult 

2 education, English language acquisition, and family 

3 literacy education programs prepares individuals for 

4 entry into and success in postsecondary education 

5 and employment, and in the case of prison-based 

6 services, the effect on recidivism. 

7 ‘‘(5) Evaluating how different types of pro8 viders, including community and faith-based organi9 zations or private for-profit agencies measurably im10 prove the skills of participants in adult education, 

11 English language acquisition, and family literacy 

12 education programs. 

13 ‘‘(6) Identifying model integrated basic and 

14 workplace skills education programs, including pro15 grams for English learners coordinated literacy and 

16 employment services, and effective strategies for 

17 serving adults with disabilities. 

18 ‘‘(7) Initiating other activities designed to im19 prove the measurable quality and effectiveness of 

20 adult education, English language acquisition, and 

21 family literacy education programs nationwide.’’. 


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1 TITLE III—AMENDMENTS TO 

2 THE WAGNER-PEYSER ACT 

3 SEC. 301. AMENDMENTS TO THE WAGNER-PEYSER ACT. 

4 The Wagner-Peyser Act (29 U.S.C. 49 et seq.) is 

5 amended by amending section 15 to read as follows: 

6 ‘‘SEC. 15. WORKFORCE AND LABOR MARKET INFORMATION 

7 SYSTEM. 

8 ‘‘(a) SYSTEM CONTENT.— 

9 ‘‘(1) IN GENERAL.—The Secretary of Labor, in 

10 accordance with the provisions of this section, shall 

11 oversee the development, maintenance, and contin12 uous improvement of a nationwide workforce and 

13 labor market information system that includes— 

14 ‘‘(A) statistical data from cooperative sta15 tistical survey and projection programs and 

16 data from administrative reporting systems 

17 that, taken together, enumerate, estimate, and 

18 project employment opportunities and condi19 tions at national, State, and local levels in a 

20 timely manner, including statistics on— 

21 ‘‘(i) employment and unemployment 

22 status of national, State, and local popu23 lations, including self-employed, part-time, 

24 and seasonal workers; 


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1 ‘‘(ii) industrial distribution of occupa2 tions, as well as current and projected em3 ployment opportunities, wages, benefits 

4 (where data is available), and skill trends 

5 by occupation and industry, with particular 

6 attention paid to State and local condi7 tions; 

8 ‘‘(iii) the incidence of, industrial and 

9 geographical location of, and number of 

10 workers displaced by, permanent layoffs 

11 and plant closings; and 

12 ‘‘(iv) employment and earnings infor13 mation maintained in a longitudinal man14 ner to be used for research and program 

15 evaluation; 

16 ‘‘(B) information on State and local em17 ployment opportunities, and other appropriate 

18 statistical data related to labor market dynam19 ics, which— 

20 ‘‘(i) shall be current and comprehen21 sive; 

22 ‘‘(ii) shall meet the needs identified 

23 through the consultations described in sub24 paragraphs (A) and (B) of subsection 

25 (e)(2); and 


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1 ‘‘(iii) shall meet the needs for the in2 formation identified in section 121; 

3 ‘‘(C) technical standards (which the Sec4 retary shall publish annually) for data and in5 formation described in subparagraphs (A) and 

6 (B) that, at a minimum, meet the criteria of 

7 chapter 35 of title 44, United States Code; 

8 ‘‘(D) procedures to ensure compatibility 

9 and additivity of the data and information de10 scribed in subparagraphs (A) and (B) from na11 tional, State, and local levels; 

12 ‘‘(E) procedures to support standardization 

13 and aggregation of data from administrative re14 porting systems described in subparagraph (A) 

15 of employment-related programs; 

16 ‘‘(F) analysis of data and information de17 scribed in subparagraphs (A) and (B) for uses 

18 such as— 

19 ‘‘(i) national, State, and local policy20 making; 

21 ‘‘(ii) implementation of Federal poli22 cies (including allocation formulas); 

23 ‘‘(iii) program planning and evalua24 tion; and 


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1 ‘‘(iv) researching labor market dynam2 ics; 

3 ‘‘(G) wide dissemination of such data, in4 formation, and analysis in a user-friendly man5 ner and voluntary technical standards for dis6 semination mechanisms; and 

7 ‘‘(H) programs of— 

8 ‘‘(i) training for effective data dis9 semination; 

10 ‘‘(ii) research and demonstration; and 

11 ‘‘(iii) programs and technical assist12 ance. 

13 ‘‘(2) INFORMATION TO BE CONFIDENTIAL.— 

14 ‘‘(A) IN GENERAL.—No officer or em15 ployee of the Federal Government or agent of 

16 the Federal Government may— 

17 ‘‘(i) use any submission that is fur18 nished for exclusively statistical purposes 

19 under the provisions of this section for any 

20 purpose other than the statistical purposes 

21 for which the submission is furnished; 

22 ‘‘(ii) disclose to the public any publi23 cation or media transmittal of the data 

24 contained in the submission described in 

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1 cerning an individual subject to be reason2 ably inferred by either direct or indirect 

3 means; or 

4 ‘‘(iii) permit anyone other than a 

5 sworn officer, employee, or agent of any 

6 Federal department or agency, or a con7 tractor (including an employee of a con8 tractor) of such department or agency, to 

9 examine an individual submission described 

10 in clause (i), 

11 without the consent of the individual, agency, or 

12 other person who is the subject of the submis13 sion or provides that submission. 

14 ‘‘(B) IMMUNITY FROM LEGAL PROCESS.— 

15 Any submission (including any data derived 

16 from the submission) that is collected and re17 tained by a Federal department or agency, or 

18 an officer, employee, agent, or contractor of 

19 such a department or agency, for exclusively 

20 statistical purposes under this section shall be 

21 immune from the legal process and shall not, 

22 without the consent of the individual, agency, or 

23 other person who is the subject of the submis24 sion or provides that submission, be admitted 

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1 tion, suit, or other judicial or administrative 

2 proceeding. 

3 ‘‘(C) RULE OF CONSTRUCTION.—Nothing 

4 in this section shall be construed to provide im5 munity from the legal process for such submis6 sion (including any data derived from the sub7 mission) if the submission is in the possession 

8 of any person, agency, or entity other than the 

9 Federal Government or an officer, employee, 

10 agent, or contractor of the Federal Government, 

11 or if the submission is independently collected, 

12 retained, or produced for purposes other than 

13 the purposes of this Act. 

14 ‘‘(b) SYSTEM RESPONSIBILITIES.— 

15 ‘‘(1) IN GENERAL.—The workforce and labor 

16 market information system described in subsection 

17 (a) shall be planned, administered, overseen, and 

18 evaluated through a cooperative governance struc19 ture involving the Federal Government and States. 

20 ‘‘(2) DUTIES.—The Secretary, with respect to 

21 data collection, analysis, and dissemination of work22 force and labor market information for the system, 

23 shall carry out the following duties: 

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1 force and labor market information system de2 scribed in subsection (a) to ensure that all sta3 tistical and administrative data collected is con4 sistent with appropriate Bureau of Labor Sta5 tistics standards and definitions. 

6 ‘‘(B) Actively seek the cooperation of other 

7 Federal agencies to establish and maintain 

8 mechanisms for ensuring complementarity and 

9 nonduplication in the development and oper10 ation of statistical and administrative data col11 lection activities. 

12 ‘‘(C) Eliminate gaps and duplication in 

13 statistical undertakings, with the systemization 

14 of wage surveys as an early priority. 

15 ‘‘(D) In collaboration with the Bureau of 

16 Labor Statistics and States, develop and main17 tain the elements of the workforce and labor 

18 market information system described in sub19 section (a), including the development of con20 sistent procedures and definitions for use by the 

21 States in collecting the data and information 

22 described in subparagraphs (A) and (B) of sub23 section (a)(1). 

24 ‘‘(E) Establish procedures for the system 

25 to ensure that— 


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1 ‘‘(i) such data and information are 

2 timely; 

3 ‘‘(ii) paperwork and reporting for the 

4 system are reduced to a minimum; and 

5 ‘‘(iii) States and localities are fully in6 volved in the development and continuous 

7 improvement of the system at all levels. 

8 ‘‘(c) NATIONAL ELECTRONIC TOOLS TO PROVIDE

9 SERVICES.—The Secretary is authorized to assist in the 

10 development of national electronic tools that may be used 

11 to facilitate the delivery of work ready services described 

12 in section 134(c)(2) and to provide workforce information 

13 to individuals through the one-stop delivery systems de14 scribed in section 121 and through other appropriate de15 livery systems. 

16 ‘‘(d) COORDINATION WITH THE STATES.— 

17 ‘‘(1) IN GENERAL.—The Secretary, working 

18 through the Bureau of Labor Statistics and the Em19 ployment and Training Administration, shall regu20 larly consult with representatives of State agencies 

21 carrying out workforce information activities regard22 ing strategies for improving the workforce and labor 

23 market information system. 

24 ‘‘(2) FORMAL CONSULTATIONS.—At least twice 

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1 reau of Labor Statistics, shall conduct formal con2 sultations regarding programs carried out by the 

3 Bureau of Labor Statistics with representatives of 

4 each of the Federal regions of the Bureau of Labor 

5 Statistics, elected (pursuant to a process established 

6 by the Secretary) from the State directors affiliated 

7 with State agencies that perform the duties de8 scribed in subsection (e)(2). 

9 ‘‘(e) STATE RESPONSIBILITIES.— 

10 ‘‘(1) IN GENERAL.—In order to receive Federal 

11 financial assistance under this section, the Governor 

12 of a State shall— 

13 ‘‘(A) be responsible for the management of 

14 the portions of the workforce and labor market 

15 information system described in subsection (a) 

16 that comprise a statewide workforce and labor 

17 market information system and for the State’s 

18 participation in the development of the annual 

19 plan; 

20 ‘‘(B) establish a process for the oversight 

21 of such system; 

22 ‘‘(C) consult with State and local employ23 ers, participants, and local workforce invest24 ment boards about the labor market relevance 

25 of the data to be collected and disseminated 


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1 through the statewide workforce and labor mar2 ket information system; 

3 ‘‘(D) consult with State educational agen4 cies and local educational agencies concerning 

5 the provision of employment statistics in order 

6 to meet the needs of secondary school and post7 secondary school students who seek such infor8 mation; 

9 ‘‘(E) collect and disseminate for the sys10 tem, on behalf of the State and localities in the 

11 State, the information and data described in 

12 subparagraphs (A) and (B) of subsection 

13 (a)(1); 

14 ‘‘(F) maintain and continuously improve 

15 the statewide workforce and labor market infor16 mation system in accordance with this section; 

17 ‘‘(G) perform contract and grant respon18 sibilities for data collection, analysis, and dis19 semination for such system; 

20 ‘‘(H) conduct such other data collection, 

21 analysis, and dissemination activities as will en22 sure an effective statewide workforce and labor 

23 market information system; 

24 ‘‘(I) actively seek the participation of other 

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1 ysis, and dissemination activities in order to en2 sure complementarity, compatibility, and useful3 ness of data; 

4 ‘‘(J) participate in the development of the 

5 annual plan described in subsection (c); and 

6 ‘‘(K) utilize the quarterly records described 

7 in section 136(f)(2) to assist the State and 

8 other States in measuring State progress on 

9 State performance measures. 

10 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 

11 this section shall be construed as limiting the ability 

12 of a Governor to conduct additional data collection, 

13 analysis, and dissemination activities with State 

14 funds or with Federal funds from sources other than 

15 this section. 

16 ‘‘(f) NONDUPLICATION REQUIREMENT.—None of the 

17 functions and activities carried out pursuant to this sec18 tion shall duplicate the functions and activities carried out 

19 under the Carl D. Perkins Career and Technical Edu20 cation Act of 2006 (20 U.S.C. 2301 et seq.). 

21 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated to carry out this section 

23 $63,473,000 for fiscal year 2014 and each of the 6 suc24 ceeding fiscal years. 


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1 ‘‘(h) DEFINITION.—In this section, the term ‘local 

2 area’ means the smallest geographical area for which data 

3 can be produced with statistical reliability.’’. 

4 TITLE IV—REPEALS AND 

5 CONFORMING AMENDMENTS 

6 SEC. 401. REPEALS. 

7 The following provisions are repealed: 

8 (1) Chapter 4 of subtitle B of title I, and sec9 tions 123, 155, 166, 167, 168, 169, 171, 173, 173A, 

10 174, 192, 194, 502, 503, and 506 of the Workforce 

11 Investment Act of 1998, as in effect on the day be12 fore the date of enactment of the SKILLS Act. 

13 (2) Title V of the Older Americans Act of 1965 

14 (42 U.S.C. 3056 et seq.). 

15 (3) Sections 1 through 14 of the Wagner16 Peyser Act (29 U.S.C. 49 et seq.). 

17 (4) Twenty-First Century Workforce Commis18 sion Act (29 U.S.C. 2701 note). 

19 (5) Public Law 91–378, 16 U.S.C. 1701 et seq. 

20 (popularly known as the ‘‘Youth Conservation Corps 

21 Act of 1970’’). 

22 (6) Section 821 of the Higher Education 

23 Amendments of 1998 (20 U.S.C. 1151) (Grants to 

24 States for workplace and community transition 

25 training for incarcerated individuals). 


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1 (7) The Women in Apprenticeship and Non2 traditional Occupations Act (29 U.S.C. 2501 et 

3 seq.). 

4 (8) Sections 4103A and 4104 of title 38, 

5 United States Code. 

6 SEC. 402. AMENDMENT TO THE COMPREHENSIVE ENVIRON7 MENTAL RESPONSE, COMPENSATION, AND LI8 ABILITY ACT OF 1980. 

9 Section 104(k)(6) of the Comprehensive Environ10 mental Response, Compensation, and Liability Act of 

11 1980 (42 U.S.C. 9604) is amended by striking ‘‘, train12 ing,’’. 

13 SEC. 403. AMENDMENTS TO THE FOOD AND NUTRITION ACT 

14 OF 2008. 

15 (a) DEFINITION.—Section 3(t) of the Food and Nu16 trition Act of 2008 (7 U.S.C. 2012(t)) is amended— 

17 (1) by striking ‘‘and (2)’’ and inserting ‘‘(2)’’, 

18 and 

19 (2) by inserting before the period at the end the 

20 following: 

21 ‘‘, and (3) when referencing employment and train22 ing activities under section 6(d)(4), a State board as 

23 defined in section 101 of the Workforce Investment 

24 Act of 1998 (29 U.S.C. 2801)’’. 


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1 (b) ELIGIBLE HOUSEHOLDS.—Section 5 of the Food 

2 and Nutrition Act of 2008 (7 U.S.C. 2014) is amended— 

3 (1) in subsection (d)(14) by striking ‘‘section 

4 6(d)(4)(I)’’ and inserting ‘‘section 6(d)(4)(C)’’, and 

5 (2) in subsection (g)(3) by striking ‘‘constitutes 

6 adequate participation in an employment and train7 ing program under section 6(d)’’ and inserting ‘‘al8 lows the individual to participate in employment and 

9 training activities under section 6(d)(4)’’. 

10 (c) ELIGIBILITY DISQUALIFICATIONS.—Section 

11 6(d)(4) of the Food and Nutrition Act of 2008 (7 U.S.C. 

12 2015(d)(4)) is amended to read as follows: 

13 ‘‘(4) EMPLOYMENT AND TRAINING.— 

14 ‘‘(A) IMPLEMENTATION.—Each State 

15 agency shall provide employment and training 

16 services authorized under section 134 of the 

17 Workforce Investment Act of 1998 (29 U.S.C. 

18 2864) to eligible members of households partici19 pating in the supplemental nutrition assistance 

20 program in gaining skills, training, work, or ex21 perience that will increase their ability to obtain 

22 regular employment. 

23 ‘‘(B) STATEWIDE WORKFORCE DEVELOP24 MENT SYSTEM.—Consistent with subparagraph 

25 (A), employment and training services shall be 


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1 provided through the statewide workforce devel2 opment system, including the One-Stop delivery 

3 system, authorized by the Workforce Invest4 ment Act of 1998 (29 U.S.C. 2801 et seq.). 

5 ‘‘(C) REIMBURSEMENTS.— 

6 ‘‘(i) ACTUAL COSTS.—The State agen7 cy shall provide payments or reimburse8 ment to participants served under this 

9 paragraph for— 

10 ‘‘(I) the actual costs of transpor11 tation and other actual costs (other 

12 than dependent care costs) that are 

13 reasonably necessary and directly re14 lated to the individual participating in 

15 employment and training activities; 

16 and 

17 ‘‘(II) the actual costs of such de18 pendent care expenses that are deter19 mined by the State agency to be nec20 essary for the individual to participate 

21 in employment and training activities 

22 (other than an individual who is the 

23 caretaker relative of a dependent in a 

24 family receiving benefits under part A 

25 of title IV of the Social Security Act 


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1 (42 U.S.C. 601 et seq.) in a local area 

2 where an employment, training, or 

3 education program under title IV of 

4 such Act is in operation), except that 

5 no such payment or reimbursement 

6 shall exceed the applicable local mar7 ket rate. 

8 ‘‘(ii) SERVICE CONTRACTS AND

9 VOUCHERS.—In lieu of providing reim10 bursements or payments for dependent 

11 care expenses under clause (i), a State 

12 agency may, at its option, arrange for de13 pendent care through providers by the use 

14 of purchase of service contracts or vouch15 ers or by providing vouchers to the house16 hold. 

17 ‘‘(iii) VALUE OF REIMBURSEMENTS.— 

18 The value of any dependent care services 

19 provided for or arranged under clause (ii), 

20 or any amount received as a payment or 

21 reimbursement under clause (i), shall— 

22 ‘‘(I) not be treated as income for 

23 the purposes of any other Federal or 

24 federally assisted program that bases 


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1 eligibility for, or the amount of bene2 fits on, need; and 

3 ‘‘(II) not be claimed as an em4 ployment-related expense for the pur5 poses of the credit provided under sec6 tion 21 of the Internal Revenue Code 

7 of 1986 (26 U.S.C. 21).’’. 

8 (d) ADMINISTRATION.—Section 11(e)(19) of the 

9 Food and Nutrition Act of 2008 (7 U.S.C. 2020(e)(11) 

10 is amended to read as follows: 

11 ‘‘(19) the plans of the State agency for pro12 viding employment and training services under sec13 tion 6(d)(4);’’. 

14 (e) ADMINISTRATIVE COST-SHARING AND QUALITY

15 CONTROL.—Section 16(h) of the Food and Nutrition Act 

16 of 2008 (7 U.S.C. 2025) is amended— 

17 (1) in paragraph (1)— 

18 (A) in subparagraph (A) by striking ‘‘carry 

19 out employment and training programs’’ and 

20 inserting ‘‘provide employment and training 

21 services to eligible households under section 

22 6(d)(4)’’, and 

23 (B) in subparagraph (D) by striking ‘‘op24 erating an employment and training program’’ 


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1 and inserting ‘‘providing employment and train2 ing services consistent with section 6(d)(4)’’, 

3 (2) in paragraph (3) by striking ‘‘related to 

4 participation in an employment and training pro5 gram’’ and inserting ‘‘the individual participating in 

6 employment and training activities’’, 

7 (3) in paragraph (4) by striking ‘‘for operating 

8 an employment and training program’’ and inserting 

9 ‘‘to provide employment and training services’’, and 

10 (4) by amending paragraph (5) to read as fol11 lows: 

12 ‘‘(5) MONITORING.—The Secretary, in conjunc13 tion with the Secretary of Labor, shall monitor each 

14 State agency responsible for administering employ15 ment and training services under section 6(d)(4) to 

16 ensure funds are being spent effectively and effi17 ciently. Each program of employment and training 

18 receiving funds under section 6(d)(4) shall be sub19 ject to the requirements of the performance account20 ability system, including having to meet the state 

21 performance measures included in section 136 of the 

22 Workforce Investment Act (29 U.S.C. 2871).’’. 

23 (f) RESEARCH, DEMONSTRATION, AND EVALUA24 TIONS.—Section 17 of the Food and Nutrition Act of 

25 2008 (7 U.S.C. 2026) is amended— 


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1 (1) in subsection (b) by striking paragraph (3), 

2 and 

3 (2) in subsection (g)— 

4 (A) by inserting ‘‘, in conjunction with the 

5 Secretary of Labor,’’ after ‘‘Secretary’’, and 

6 (B) by striking ‘‘programs established’’ 

7 and inserting ‘‘activities provided to eligible 

8 households’’. 

9 (g) MINNESOTA FAMILY INVESTMENT PROJECT.— 

10 Section 22(b)(4) of the Food and Nutrition Act of 2008 

11 (7 U.S.C. 2031(b)(4)) is amended by striking ‘‘equivalent 

12 to those offered under the employment and training pro13 gram’’. 

14 SEC. 404. AMENDMENTS TO SECTION 412 OF THE IMMIGRA15 TION AND NATIONALITY ACT. 

16 (a) CONDITIONS AND CONSIDERATIONS.—Section 

17 412(a) of the Immigration and Nationality Act (8 U.S.C. 

18 1522(a)) is amended— 

19 (1) in paragraph (1)— 

20 (A) in subparagraph (A)(i), by striking 

21 ‘‘make available sufficient resources for employ22 ment training and placement’’ and inserting 

23 ‘‘provide refugees with the opportunity to access 

24 employment and training services, including job 

25 placement,’’; and 


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1 (B) in subparagraph (B)(ii), by striking 

2 ‘‘services;’’ and inserting ‘‘services provided 

3 through the Workforce Investment Act of 1998 

4 (29 U.S.C. 2801 et seq.);’’; 

5 (2) in paragraph (2)(C)(iii)(II), by inserting 

6 ‘‘and training’’ after ‘‘employment’’; 

7 (3) in paragraph (6)(A)(ii)— 

8 (A) by striking ‘‘insure’’ and inserting ‘‘en9 sure’’; 

10 (B) by inserting ‘‘and training’’ after ‘‘em11 ployment’’; and 

12 (C) by inserting after ‘‘available’’ the fol13 lowing: ‘‘through the one-stop delivery system 

14 under section 121 of the Workforce Investment 

15 Act of 1998 (29 U.S.C. 2841)’’; and 

16 (4) in paragraph (9), by inserting ‘‘the Sec17 retary of Labor,’’ after ‘‘Education,’’. 

18 (b) PROGRAM OF INITIAL RESETTLEMENT.—Section 

19 412(b)(2) of such Act (8 U.S.C. 1522(b)(2)) is amend20 ed— 

21 (1) by striking ‘‘orientation, instruction’’ and 

22 inserting ‘‘orientation and instruction’’; and 

23 (2) by striking ‘‘, and job training for refugees, 

24 and such other education and training of refugees, 


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1 as facilitates’’ and inserting ‘‘for refugees to facili2 tate’’. 

3 (c) PROJECT GRANTS AND CONTRACTS FOR SERV4 ICES FOR REFUGEES.—Section 412(c) of such Act (8 

5 U.S.C. 1522(c)) is amended— 

6 (1) in paragraph (1)— 

7 (A) in subparagraph (A)(i), by inserting 

8 ‘‘and training’’ after ‘‘employment’’; and 

9 (B) by striking subparagraph (C); 

10 (2) in paragraph (2)(B), by striking ‘‘para11 graph—’’ and all that follows through ‘‘in a man12 ner’’ and inserting ‘‘paragraph in a manner’’; and 

13 (3) by adding at the end the following: 

14 ‘‘(3) In carrying out this section, the Director shall 

15 ensure that employment and training services are provided 

16 through the statewide workforce development system, as 

17 appropriate, authorized by the Workforce Investment Act 

18 of 1998 (29 U.S.C. 2801 et seq.). Such action may in19 clude— 

20 ‘‘(A) making employment and training services 

21 as described under section 134 of such Act (29 

22 U.S.C. 2864) available to refugees; and 

23 ‘‘(B) providing refugees with access to a one24 stop delivery system under section 121 of such Act 

25 (29 U.S.C. 2841).’’. 


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1 (d) CASH ASSISTANCE AND MEDICAL ASSISTANCE TO

2 REFUGEES.—Section 412(e) of such Act (8 U.S.C. 

3 1522(e)) is amended— 

4 (1) in paragraph (2)(A)(i), by inserting ‘‘and 

5 training’’ after ‘‘providing employment’’; and 

6 (2) in paragraph (3), by striking ‘‘The’’ and in7 serting ‘‘Consistent with subsection (c)(3), the’’. 

8 SEC. 405. AMENDMENTS RELATING TO THE SECOND 

9 CHANCE ACT OF 2007. 

10 (a) FEDERAL PRISONER REENTRY INITIATIVE.— 

11 Section 231 of the Second Chance Act of 2007 (42 U.S.C. 

12 17541) is amended— 

13 (1) in subsection (a)(1)(E)— 

14 (A) by inserting ‘‘the Department of Labor 

15 and’’ before ‘‘other Federal agencies’’; and 

16 (B) by inserting ‘‘State and local work17 force investment boards,’’ after ‘‘community18 based organizations,’’; 

19 (2) in subsection (c)— 

20 (A) in paragraph (2), by striking at the 

21 end ‘‘and’’; 

22 (B) in paragraph (3), by striking at the 

23 end the period and inserting ‘‘; and’’; and 

24 (C) by adding at the end the following new 

25 paragraph: 


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1 ‘‘(4) to coordinate reentry programs with the 

2 employment and training services provided through 

3 the statewide workforce investment system under 

4 subtitle B of title I of the Workforce Investment Act 

5 of 1998 (29 U.S.C. 2811 et seq.).’’; and 

6 (3) in subsection (d), by adding at the end the 

7 following new paragraph: 

8 ‘‘(6) INTERACTION WITH THE WORKFORCE IN9 VESTMENT SYSTEM.— 

10 ‘‘(A) IN GENERAL.—In carrying out this 

11 section, the Director shall ensure that employ12 ment and training services, including such em13 ployment and services offered through reentry 

14 programs, are provided, as appropriate, through 

15 the statewide workforce investment system 

16 under subtitle B of title I of the Workforce In17 vestment Act of 1998 (29 U.S.C. 2811 et seq.). 

18 Such action may include— 

19 ‘‘(i) making employment and training 

20 services available to prisoners prior to and 

21 immediately following the release of such 

22 prisoners; or 

23 ‘‘(ii) providing prisoners with access 

24 by remote means to a one-stop delivery 

25 system under section 121 of the Workforce 


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1 Investment Act of 1998 (29 U.S.C. 2841) 

2 in the State in which the prison involved is 

3 located. 

4 ‘‘(B) SERVICE DEFINED.—In this para5 graph, the term ‘employment and training serv6 ices’ means those services described in section 

7 134 of the Workforce Investment Act of 1998 

8 (29 U.S.C. 2864) offered by the Bureau of 

9 Prisons, including— 

10 ‘‘(i) the skills assessment described in 

11 subsection (a)(1)(A); 

12 ‘‘(ii) the skills development plan de13 scribed in subsection (a)(1)(B); and 

14 ‘‘(iii) the enhancement, development, 

15 and implementation of reentry and skills 

16 development programs.’’. 

17 (b) DUTIES OF THE BUREAU OF PRISONS.—Section 

18 4042(a)(5)(E) of title 18, United States Code, is amend19 ed— 

20 (1) in clause (ii), by striking ‘‘Employment’’ 

21 and inserting ‘‘Employment and training services (as 

22 defined in paragraph (6) of section 231(d) of the 

23 Second Chance Act of 2007), including basic skills 

24 attainment, consistent with such paragraph’’; 

25 (2) by striking clause (iii); and 


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1 (3) by redesignating clauses (iv), (v), (vi), and 

2 (vii) as clauses (iii), (iv), (v), and (vi), respectively. 

3 SEC. 406. AMENDMENTS TO THE OMNIBUS CRIME CONTROL 

4 AND SAFE STREETS ACT OF 1968. 

5 Section 2976 of the Omnibus Crime Control and Safe 

6 Streets Act of 1968 (42 U.S.C. 3797w) is amended— 

7 (1) in subsection (b)— 

8 (A) in paragraph (1), by striking ‘‘voca9 tional’’ and inserting ‘‘career and technical edu10 cation (as defined in section 3 of the Carl D. 

11 Perkins Career and Technical Education Act of 

12 2006 (20 U.S.C. 2302)) and training’’; 

13 (B) by redesignating each of paragraphs 

14 (4) through (7) as paragraphs (5) through (8), 

15 respectively; and 

16 (C) by inserting after paragraph (3) the 

17 following new paragraph: 

18 ‘‘(4) coordinating employment and training 

19 services provided through the statewide workforce 

20 investment system under subtitle B of title I of the 

21 Workforce Investment Act of 1998 (29 U.S.C. 2811 

22 et seq.), including a one-stop delivery system under 

23 section 121 of such Act (29 U.S.C. 2841), for of24 fenders upon release from prison, jail, or a juvenile 

25 facility, as appropriate;’’; 


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1 (2) in subsection (d)(2), by inserting ‘‘, includ2 ing local workforce investment boards established 

3 under section 117 of the Workforce Investment Act 

4 of 1998 (29 U.S.C. 2832),’’ after ‘‘nonprofit organi5 zations’’; 

6 (3) in subsection (e)— 

7 (A) in paragraph (3), by striking ‘‘victims 

8 services, and employment services’’ and insert9 ing ‘‘and victim services’’; 

10 (B) by redesignating paragraphs (4) and 

11 (5) as paragraphs (5) and (6), respectively; and 

12 (C) by inserting after paragraph (3) the 

13 following new paragraph: 

14 ‘‘(4) provides employment and training services 

15 through the statewide workforce investment system 

16 under subtitle B of title I of the Workforce Invest17 ment Act of 1998 (29 U.S.C. 2811 et seq.), includ18 ing a one-stop delivery system under section 121 of 

19 such Act (29 U.S.C. 2841); and’’; 

20 (4) in subsection (k)— 

21 (A) in paragraph (1)(A), by inserting ‘‘, in 

22 accordance with paragraph (2)’’ after ‘‘under 

23 this section’’; 

24 (B) by redesignating paragraphs (2) and 

25 (3) as paragraphs (3) and (4), respectively; and 


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1 (C) by inserting after paragraph (1) the 

2 following new paragraph: 

3 ‘‘(2) EMPLOYMENT AND TRAINING.—The Attor4 ney General shall require each grantee under this 

5 section to measure the core indicators of perform6 ance as described in section 136(b)(2)(A) of the 

7 Workforce Investment Act of 1998 (29 U.S.C. 

8 2871(b)(2)(A)) with respect to the program of such 

9 grantee funded with a grant under this section.’’. 

10 SEC. 407. CONFORMING AMENDMENTS TO THE UNITED 

11 STATES CODE. 

12 Title 38, United States Code, is amended— 

13 (1) by striking the item relating to section 

14 4103A and section 4104 in the table of sections at 

15 the beginning of chapter 41 of such title; 

16 (2) in section 4102A— 

17 (A) in subsection (b)— 

18 (i) by striking paragraphs (5), (6), 

19 and (7); 

20 (ii) by redesignating paragraph (8) as 

21 paragraph (5); 

22 (B) by striking subsections (c) and (h); 

23 (C) by redesignating subsections (d), (e), 

24 (f), and (g) as subsections (c), (d), (e), and (f); 


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1 (D) in subsection (e)(1) (as so redesig2 nated)— 

3 (i) by striking ‘‘, including disabled 

4 veterans’ outreach program specialists and 

5 local veterans’ employment representatives 

6 providing employment, training, and place7 ment services under this chapter in a 

8 State’’; and 

9 (ii) by striking ‘‘for purposes of sub10 section (c)’’. 

11 (3) in section 4109(a), by striking ‘‘disabled 

12 veterans’ outreach program specialists and local vet13 erans’ employment representative’’ and inserting 

14 ‘‘veteran employment specialists appointed under 

15 section 134(f) of the Workforce Investment Act of 

16 1998’’; 

17 (4) in section 4109(d)(1), by striking ‘‘disabled 

18 veterans’ outreach program specialists and local vet19 erans’ employment representatives’’ and inserting 

20 ‘‘veteran employment specialists appointed under 

21 section 134(f) of the Workforce Investment Act of 

22 1998’’; 

23 (5) in section 4112(d)— 

24 (A) in paragraph (1), by striking ‘‘disabled 

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1 serting ‘‘veteran employment specialist ap2 pointed under section 134(f) of the Workforce 

3 Investment Act of 1998’’; and 

4 (B) by striking paragraph (2) and redesig5 nating paragraph (3) as paragraph (2); 

6 (6) in section 3672(d)(1), by striking ‘‘disabled 

7 veterans’ outreach program specialists under section 

8 4103A’’ and inserting ‘‘veteran employment special9 ists appointed under section 134(f) of the Workforce 

10 Investment Act of 1998’’; and 

11 (7) in section 4104A— 

12 (A) in subsection (b)(1), by striking sub13 paragraph (A) and inserting the following: 

14 ‘‘(A) the appropriate veteran employment 

15 specialist (in carrying out the functions de16 scribed in section 134(f) of the Workforce In17 vestment Act of 1998);’’; and 

18 (B) in subsection (c)(1), by striking sub19 paragraph (A) and inserting the following: 

20 ‘‘(A) collaborate with the appropriate vet21 eran employment specialist (as described in sec22 tion 134(f)) and the appropriate State boards 

23 and local boards (as such terms are defined in 

24 section 101 of the Workforce Investment Act of 

25 1998 (29 U.S.C. 2801));’’. 


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1 SEC. 408. CONFORMING AMENDMENT TO TABLE OF CON2 TENTS. 

3 The table of contents in section 1(b) is amended to 

4 read as follows: 

‘‘Sec. 1. Short title; table of contents. 

‘‘TITLE I—WORKFORCE INVESTMENT SYSTEMS 

‘‘Subtitle A—Workforce Investment Definitions 

‘‘Sec. 101. Definitions. 

‘‘Subtitle B—Statewide and Local Workforce Investment Systems 

‘‘Sec. 106. Purpose. 

‘‘CHAPTER 1—STATE PROVISIONS

‘‘Sec. 111. State workforce investment boards. 

‘‘Sec. 112. State plan. 

‘‘CHAPTER 2—LOCAL PROVISIONS

‘‘Sec. 116. Local workforce investment areas. 

‘‘Sec. 117. Local workforce investment boards. 

‘‘Sec. 118. Local plan. 

‘‘CHAPTER 3—WORKFORCE INVESTMENT ACTIVITIES PROVIDERS

‘‘Sec. 121. Establishment of one-stop delivery systems. 

‘‘Sec. 122. Identification of eligible providers of training services. 

‘‘Sec. 123. [Repealed]. 

‘‘CHAPTER 4—[REPEALED] 

‘‘CHAPTER 5—EMPLOYMENT AND TRAINING ACTIVITIES

‘‘Sec. 131. General authorization. 

‘‘Sec. 132. State allotments. 

‘‘Sec. 133. Within State allocations. 

‘‘Sec. 134. Use of funds for employment and training activities. 

‘‘CHAPTER 6—GENERAL PROVISIONS

‘‘Sec. 136. Performance accountability system. 

‘‘Sec. 137. Authorization of appropriations. 

‘‘Subtitle C—Job Corps 

‘‘Sec. 141. Purposes. 

‘‘Sec. 142. Definitions. 

‘‘Sec. 143. Establishment. 

‘‘Sec. 144. Individuals eligible for the Job Corps. 

‘‘Sec. 145. Recruitment, screening, selection, and assignment of enrollees. 

‘‘Sec. 146. Enrollment. 


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‘‘Sec. 147. Job Corps centers. 

‘‘Sec. 148. Program activities. 

‘‘Sec. 149. Counseling and job placement. 

‘‘Sec. 150. Support. 

‘‘Sec. 151. Operations. 

‘‘Sec. 152. Standards of conduct. 

‘‘Sec. 153. Community participation. 

‘‘Sec. 154. Workforce councils. 

‘‘Sec. 155. [Repealed]. 

‘‘Sec. 156. Technical assistance to centers. 

‘‘Sec. 157. Application of provisions of Federal law. 

‘‘Sec. 158. Special provisions. 

‘‘Sec. 159. Performance accountability and management. 

‘‘Sec. 160. General provisions. 

‘‘Sec. 161. Authorization of appropriations. 

‘‘Subtitle D—National Programs 

‘‘Sec. 166. [Repealed]. 

‘‘Sec. 167. [Repealed]. 

‘‘Sec. 168. [Repealed]. 

‘‘Sec. 169. [Repealed]. 

‘‘Sec. 170. Technical assistance. 

‘‘Sec. 171. [Repealed]. 

‘‘Sec. 172. Evaluations. 

‘‘Sec. 173. [Repealed]. 

‘‘Sec. 173A. [Repealed]. 

‘‘Sec. 174. [Repealed]. 

‘‘Subtitle E—Administration 

‘‘Sec. 181. Requirements and restrictions. 

‘‘Sec. 182. Prompt allocation of funds. 

‘‘Sec. 183. Monitoring. 

‘‘Sec. 184. Fiscal controls; sanctions. 

‘‘Sec. 185. Reports; recordkeeping; investigations. 

‘‘Sec. 186. Administrative adjudication. 

‘‘Sec. 187. Judicial review. 

‘‘Sec. 188. Nondiscrimination. 

‘‘Sec. 189. Administrative provisions. 

‘‘Sec. 190. References. 

‘‘Sec. 191. State legislative authority. 

‘‘Sec. 192. [Repealed]. 

‘‘Sec. 193. Transfer of Federal equity in State employment security real property to the States. 

‘‘Sec. 194. [Repealed]. 

‘‘Sec. 195. General program requirements. 

‘‘Sec. 196. Federal agency staff. 

‘‘Sec. 197. Restrictions on lobbying and political activities. 

‘‘Subtitle F—Repeals and Conforming Amendments 

‘‘Sec. 199. Repeals. 

‘‘Sec. 199A. Conforming amendments. 

‘‘TITLE II—ADULT EDUCATION AND FAMILY LITERACY 

EDUCATION 


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‘‘Sec. 201. Short title. 

‘‘Sec. 202. Purpose. 

‘‘Sec. 203. Definitions. 

‘‘Sec. 204. Home schools. 

‘‘Sec. 205. Authorization of appropriations. 

‘‘Subtitle A—Federal Provisions 

‘‘Sec. 211. Reservation of funds; grants to eligible agencies; allotments. 

‘‘Sec. 212. Performance accountability system. 

‘‘Subtitle B—State Provisions 

‘‘Sec. 221. State administration. 

‘‘Sec. 222. State distribution of funds; matching requirement. 

‘‘Sec. 223. State leadership activities. 

‘‘Sec. 224. State plan. 

‘‘Sec. 225. Programs for corrections education and other institutionalized individuals. 

‘‘Subtitle C—Local Provisions 

‘‘Sec. 231. Grants and contracts for eligible providers. 

‘‘Sec. 232. Local application. 

‘‘Sec. 233. Local administrative cost limits. 

‘‘Subtitle D—General Provisions 

‘‘Sec. 241. Administrative provisions. 

‘‘Sec. 242. National activities. 

‘‘TITLE III—WORKFORCE INVESTMENT-RELATED ACTIVITIES 

‘‘Subtitle A—Wagner-Peyser Act 

‘‘Sec. 301. Definitions. 

‘‘Sec. 302. Functions. 

‘‘Sec. 303. Designation of State agencies. 

‘‘Sec. 304. Appropriations. 

‘‘Sec. 305. Disposition of allotted funds. 

‘‘Sec. 306. State plans. 

‘‘Sec. 307. Repeal of Federal advisory council. 

‘‘Sec. 308. Regulations. 

‘‘Sec. 309. Employment statistics. 

‘‘Sec. 310. Technical amendments. 

‘‘Sec. 311. Effective date. 

‘‘Subtitle B—Linkages With Other Programs 

‘‘Sec. 321. Trade Act of 1974. 

‘‘Sec. 322. Veterans’ employment programs. 

‘‘Sec. 323. Older Americans Act of 1965. 

‘‘Subtitle C—[Repealed] 

‘‘Subtitle D—Application of Civil Rights and Labor-Management Laws to the 

Smithsonian Institution 


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‘‘Sec. 341. Application of civil rights and labor-management laws to the Smithsonian Institution. 

‘‘TITLE IV—REHABILITATION ACT AMENDMENTS OF 1998 

‘‘Sec. 401. Short title. 

‘‘Sec. 402. Title. 

‘‘Sec. 403. General provisions. 

‘‘Sec. 404. Vocational rehabilitation services. 

‘‘Sec. 405. Research and training. 

‘‘Sec. 406. Professional development and special projects and demonstrations. 

‘‘Sec. 407. National Council on Disability. 

‘‘Sec. 408. Rights and advocacy. 

‘‘Sec. 409. Employment opportunities for individuals with disabilities. 

‘‘Sec. 410. Independent living services and centers for independent living. 

‘‘Sec. 411. [Repealed]. 

‘‘Sec. 412. Helen Keller National Center Act. 

‘‘Sec. 413. President’s Committee on Employment of People With Disabilities. 

‘‘Sec. 414. Conforming amendments. 

‘‘TITLE V—GENERAL PROVISIONS 

‘‘Sec. 501. State unified plan. 

‘‘Sec. 502. [Repealed]. 

‘‘Sec. 503. [Repealed]. 

‘‘Sec. 504. Privacy. 

‘‘Sec. 505. Buy-American requirements. 

‘‘Sec. 506. [Repealed]. 

‘‘Sec. 507. Effective date.’’. 

1 TITLE V—AMENDMENTS TO THE 

2 REHABILITATION ACT OF 1973 

3 SEC. 501. FINDINGS. 

4 Section 2(a) of the Rehabilitation Act of 1973 (29 

5 U.S.C. 701(a)) is amended— 

6 (1) in paragraph (5), by striking ‘‘and’’ at the 

7 end; 

8 (2) in paragraph (6), by striking the period and 

9 inserting ‘‘; and’’; and 

10 (3) by adding at the end the following: 


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1 ‘‘(7) there is a substantial need to improve and 

2 expand services for students with disabilities under 

3 this Act.’’. 

4 SEC. 502. REHABILITATION SERVICES ADMINISTRATION. 

5 (a) REHABILITATION SERVICES ADMINISTRATION.— 

6 The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) 

7 is amended— 

8 (1) in section 3(a) (29 U.S.C. 702(a))— 

9 (A) by striking ‘‘Office of the Secretary’’ 

10 and inserting ‘‘Department of Education’’; 

11 (B) by striking ‘‘President by and with the 

12 advice and consent of the Senate’’ and inserting 

13 ‘‘Secretary’’; and 

14 (C) by striking ‘‘, and the Commissioner 

15 shall be the principal officer,’’; 

16 (2) by striking ‘‘Commissioner’’ each place it 

17 appears (except in section 21) and inserting ‘‘Direc18 tor’’; 

19 (3) in section 12(c) (29 U.S.C. 709), by strik20 ing ‘‘Commissioner’s’’ and inserting ‘‘Director’s’’; 

21 (4) in the heading for subparagraph (B) of sec22 tion 100(d)(2), by striking ‘‘COMMISSIONER’’ and in23 serting ‘‘DIRECTOR’’; 

24 (5) in the heading for section 706, by striking 

25 ‘‘COMMISSIONER’’ and inserting ‘‘DIRECTOR’’; 


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1 (6) in the heading for paragraph (3) of section 

2 723(a), by striking ‘‘COMMISSIONER’’ and inserting 

3 ‘‘DIRECTOR’’; and 

4 (7) in section 21 (29 U.S.C. 718)— 

5 (A) in subsection (b)(1)— 

6 (i) by striking ‘‘Commissioner’’ the 

7 first place it appears and inserting ‘‘Direc8 tor of the Rehabilitation Services Adminis9 tration’’; 

10 (ii) by striking ‘‘(referred to in this 

11 subsection as the ‘Director’)’’; and 

12 (iii) by striking ‘‘The Commissioner 

13 and the Director’’ and inserting ‘‘Both 

14 such Directors’’; and 

15 (B) by striking ‘‘the Commissioner and the 

16 Director’’ each place it appears and inserting 

17 ‘‘both such Directors’’. 

18 (b) EFFECTIVE DATE; APPLICATION.—The amend19 ments made by subsection (a) shall— 

20 (1) take effect on the date of the enactment of 

21 this Act; and 

22 (2) apply with respect to the appointments of 

23 Directors of the Rehabilitation Services Administra24 tion made on or after the date of enactment of this 

25 Act, and the Directors so appointed. 


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1 SEC. 503. DEFINITIONS. 

2 Section 7 of the Rehabilitation Act of 1973 (29 

3 U.S.C. 705) is amended— 

4 (1) by redesignating paragraphs (35) through 

5 (39) as paragraphs (36) through (40), respectively; 

6 (2) in subparagraph (A)(ii) of paragraph (36) 

7 (as redesignated by paragraph (1)), by striking 

8 ‘‘paragraph (36)(C)’’ and inserting ‘‘paragraph 

9 (37)(C)’’; and 

10 (3) by inserting after paragraph (34) the fol11 lowing: 

12 ‘‘(35)(A) The term ‘student with a disability’ 

13 means an individual with a disability who— 

14 ‘‘(i) is not younger than 16 and not 

15 older than 21; 

16 ‘‘(ii) has been determined to be eligi17 ble under section 102(a) for assistance 

18 under this title; and 

19 ‘‘(iii)(I) is eligible for, and is receiv20 ing, special education under part B of the 

21 Individuals with Disabilities Education Act 

22 (20 U.S.C. 1411 et seq.); or 

23 ‘‘(II) is an individual with a disability, 

24 for purposes of section 504. 

25 ‘‘(B) The term ‘students with disabilities’ 

26 means more than 1 student with a disability.’’. 


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1 SEC. 504. STATE PLAN. 

2 Section 101(a) of the Rehabilitation Act of 1973 (29 

3 U.S.C. 721(a)) is amended— 

4 (1) in paragraph (10)(B) by striking ‘‘on the el5 igible individuals’’ and all that follows through ‘‘sec6 tion 136(d)(2)’’ and inserting ‘‘of information nec7 essary to assess the State’s performance on the core 

8 indicators of performance described in section 

9 136(b)(2)(A)’’; 

10 (2) in paragraph (11)— 

11 (A) in subparagraph (D)(i), by inserting 

12 before the semicolon the following: ‘‘, which 

13 may be provided using alternative means of 

14 meeting participation (such as video conferences 

15 and conference calls)’’; and 

16 (B) by adding at the end the following: 

17 ‘‘(G) COORDINATION WITH ASSISTIVE

18 TECHNOLOGY PROGRAMS.—The State plan shall 

19 include an assurance that the designated State 

20 unit and the lead agency or implementing entity 

21 responsible for carrying out duties under the 

22 Assistive Technology Act of 1998 (29 U.S.C. 

23 3001 et seq.) have developed working relation24 ships and coordinate their activities.’’; 

25 (3) in paragraph (15)— 

26 (A) in subparagraph (A)— 


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1 (i) in clause (i)— 

2 (I) in subclause (II), by striking 

3 ‘‘and’’ at the end; 

4 (II) in subclause (III), by adding 

5 ‘‘and’’ at the end; and 

6 (III) by adding at the end the 

7 following: 

8 ‘‘(IV) students with disabilities, 

9 including their need for transition 

10 services;’’; 

11 (ii) by redesignating clauses (ii) and 

12 (iii) as clauses (iii) and (iv), respectively; 

13 and 

14 (iii) by inserting after clause (i) the 

15 following: 

16 ‘‘(ii) include an assessment of the 

17 transition services provided under this Act, 

18 and coordinated with transition services 

19 under the Individuals with Disabilities 

20 Education Act, as to those services meet21 ing the needs of individuals with disabil22 ities;’’; and 

23 (B) in subparagraph (D)— 


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1 (i) by redesignating clauses (iii), (iv), 

2 and (v) as clauses (iv), (v), and (vi), re3 spectively; and 

4 (ii) by inserting after clause (ii) the 

5 following: 

6 ‘‘(iii) the methods to be used to im7 prove and expand vocational rehabilitation 

8 services for students with disabilities, in9 cluding the coordination of services de10 signed to facilitate the transition of such 

11 students from the receipt of educational 

12 services in school to the receipt of voca13 tional rehabilitation services under this 

14 title or to postsecondary education or em15 ployment;’’; 

16 (4) in paragraph (22)— 

17 (A) by striking ‘‘carrying out part B of 

18 title VI, including’’; and 

19 (B) by striking ‘‘that part to supplement 

20 funds made available under part B of’’; 

21 (5) in paragraph (24)(A), by striking ‘‘part A 

22 of title VI’’ and inserting ‘‘section 109A’’; and 

23 (6) by adding at the end the following: 

24 ‘‘(25) COLLABORATION WITH INDUSTRY.—The 

25 State plan shall describe how the designated State 


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1 agency will carry out the provisions of section 109A, 

2 including— 

3 ‘‘(A) the criteria such agency will use to 

4 award grants under such section; and 

5 ‘‘(B) how the activities carried out under 

6 such grants will be coordinated with other serv7 ices provided under this title. 

8 ‘‘(26) SERVICES FOR STUDENTS WITH DISABIL9 ITIES.—The State plan shall provide an assurance 

10 satisfactory to the Secretary that the State— 

11 ‘‘(A) has developed and implemented strat12 egies to address the needs identified in the as13 sessment described in paragraph (15), and 

14 achieve the goals and priorities identified by the 

15 State, to improve and expand vocational reha16 bilitation services for students with disabilities 

17 on a statewide basis in accordance with para18 graph (15); and 

19 ‘‘(B) from funds reserved under section 

20 110A, shall carry out programs or activities de21 signed to improve and expand vocational reha22 bilitation services for students with disabilities 

23 that— 

24 ‘‘(i) facilitate the transition of stu25 dents with disabilities from the receipt of 


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1 educational services in school, to the re2 ceipt of vocational rehabilitation services 

3 under this title, including, at a minimum, 

4 those services specified in the interagency 

5 agreement required in paragraph (11)(D); 

6 ‘‘(ii) improve the achievement of post7 school goals of students with disabilities, 

8 including improving the achievement 

9 through participation (as appropriate when 

10 career goals are discussed) in meetings re11 garding individualized education programs 

12 developed under section 614 of the Individ13 uals with Disabilities Education Act (20 

14 U.S.C. 1414); 

15 ‘‘(iii) provide career guidance, career 

16 exploration services, job search skills and 

17 strategies, and technical assistance to stu18 dents with disabilities; 

19 ‘‘(iv) support the provision of training 

20 and technical assistance to State and local 

21 educational agencies and designated State 

22 agency personnel responsible for the plan23 ning and provision of services to students 

24 with disabilities; and 


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1 ‘‘(v) support outreach activities to stu2 dents with disabilities who are eligible for, 

3 and need, services under this title.’’. 

4 SEC. 505. SCOPE OF SERVICES. 

5 Section 103 of the Rehabilitation Act of 1973 (29 

6 U.S.C. 723) is amended— 

7 (1) in subsection (a), by striking paragraph 

8 (15) and inserting the following: 

9 ‘‘(15) transition services for students with dis10 abilities, that facilitate the achievement of the em11 ployment outcome identified in the individualized 

12 plan for employment, including services described in 

13 clauses (i) through (iii) of section 101(a)(26)(B);’’; 

14 (2) in subsection (b), by striking paragraph (6) 

15 and inserting the following: 

16 ‘‘(6)(A)(i) Consultation and technical assistance 

17 services to assist State and local educational agen18 cies in planning for the transition of students with 

19 disabilities from school to post-school activities, in20 cluding employment. 

21 ‘‘(ii) Training and technical assistance de22 scribed in section 101(a)(26)(B)(iv). 

23 ‘‘(B) Services for groups of individuals with dis24 abilities who meet the requirements of clauses (i) 

25 and (iii) of section 7(35)(A), including services deVerDate Mar 15 2010 23:27 Mar 18, 2013 Jkt 029200 PO 00000 Frm 00254 Fmt 6652 Sfmt 6201 E:\BILLS\H803.RFS H803

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1 scribed in clauses (i), (ii), (iii), and (v) of section 

2 101(a)(26)(B), to assist in the transition from 

3 school to post-school activities.’’; and 

4 (3) in subsection (b) by inserting at the end, 

5 the following: 

6 ‘‘(7) The establishment, development, or im7 provement of assistive technology demonstration, 

8 loan, reutilization, or financing programs in coordi9 nation with activities authorized under the Assistive 

10 Technology Act of 1998 (29 U.S.C. 3001) to pro11 mote access to assistive technology for individuals 

12 with disabilities and employers.’’. 

13 SEC. 506. STANDARDS AND INDICATORS. 

14 Section 106 of the Rehabilitation Act of 1973 (29 

15 U.S.C. 726(a)) is amended— 

16 (1) by striking subsection (a) and inserting the 

17 following: 

18 ‘‘(a) STANDARDS AND INDICATORS.—The perform19 ance standards and indicators for the vocational rehabili20 tation program carried out under this title— 

21 ‘‘(1) shall be subject to paragraphs (2)(A) and 

22 (3) of section 136(b) of the Workforce Investment 

23 Act of 1998; and 


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1 ‘‘(2) may, at a State’s discretion, include addi2 tional indicators identified in the State plan sub3 mitted under section 101.’’; and 

4 (2) in subsection (b)(2)(B), by striking clause 

5 (i) and inserting the following: 

6 ‘‘(i) on a biannual basis, review the 

7 program improvement efforts of the State 

8 and, if the State has not improved its per9 formance to acceptable levels, as deter10 mined by the Director, direct the State to 

11 make revisions to the plan to improve per12 formance; and’’. 

13 SEC. 507. COLLABORATION WITH INDUSTRY. 

14 The Rehabilitation Act of 1973 is amended by insert15 ing after section 109 (29 U.S.C. 729) the following: 

16 ‘‘SEC. 109A. COLLABORATION WITH INDUSTRY. 

17 ‘‘(a) AUTHORITY.—A State shall use not less than 

18 one-half of one percent of the payment the State receives 

19 under section 111 for a fiscal year to award grants to eligi20 ble entities to create practical job and career readiness and 

21 training programs, and to provide job placements and ca22 reer advancement. 

23 ‘‘(b) APPLICATION.—To receive a grant under this 

24 section, an eligible entity shall submit an application to 

25 a designated State agency at such time, in such manner, 


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1 and containing such information as such agency shall re2 quire. Such application shall include, at a minimum— 

3 ‘‘(1) a plan for evaluating the effectiveness of 

4 the program; 

5 ‘‘(2) a plan for collecting and reporting the 

6 data and information described under subparagraphs 

7 (A) through (C) of section 101(a)(10), as deter8 mined appropriate by the designated State agency; 

9 and 

10 ‘‘(3) a plan for providing for the non-Federal 

11 share of the costs of the program. 

12 ‘‘(c) ACTIVITIES.—An eligible entity receiving a grant 

13 under this section shall use the grant funds to carry out 

14 a program that provides one or more of the following: 

15 ‘‘(1) Job development, job placement, and ca16 reer advancement services for individuals with dis17 abilities. 

18 ‘‘(2) Training in realistic work settings in order 

19 to prepare individuals with disabilities for employ20 ment and career advancement in the competitive 

21 market. 

22 ‘‘(3) Providing individuals with disabilities with 

23 such support services as may be required in order to 

24 maintain the employment and career advancement 

25 for which the individuals have received training. 


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1 ‘‘(d) AWARDS.—Grants under this section shall— 

2 ‘‘(1) be awarded for a period not to exceed 5 

3 years; and 

4 ‘‘(2) be awarded competitively. 

5 ‘‘(e) ELIGIBLE ENTITY DEFINED.—For the purposes 

6 of this section, the term ‘eligible entity’ means a for-profit 

7 business, alone or in partnership with one or more of the 

8 following: 

9 ‘‘(1) Community rehabilitation program pro10 viders. 

11 ‘‘(2) Indian tribes. 

12 ‘‘(3) Tribal organizations. 

13 ‘‘(f) FEDERAL SHARE.—The Federal share of a pro14 gram under this section shall not exceed 80 percent of the 

15 costs of the program. 

16 ‘‘(g) ELIGIBILITY FOR SERVICES.—An individual 

17 shall be eligible for services provided under a program 

18 under this section if the individual is determined under 

19 section 102(a)(1) to be eligible for assistance under this 

20 title.’’. 

21 SEC. 508. RESERVATION FOR EXPANDED TRANSITION 

22 SERVICES. 

23 The Rehabilitation Act of 1973 is amended by insert24 ing after section 110 (29 U.S.C. 730) the following: 


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1 ‘‘SEC. 110A. RESERVATION FOR EXPANDED TRANSITION 

2 SERVICES. 

3 ‘‘Each State shall reserve not less than 10 percent 

4 of the funds allotted to the State under section 110(a) 

5 to carry out programs and activities under sections 

6 101(a)(26)(B) and 103(b)(6).’’. 

7 SEC. 509. CLIENT ASSISTANCE PROGRAM. 

8 Section 112(e)(1) of the Rehabilitation Act of 1973 

9 (29 U.S.C. 732(e)(1)) is amended by redesignating sub10 paragraph (D) as subparagraph (E) and inserting after 

11 subparagraph (C) the following: 

12 ‘‘(D) The Secretary shall make grants to 

13 the protection and advocacy system serving the 

14 American Indian Consortium to provide services 

15 in accordance with this section. The amount of 

16 such grants shall be the same as provided to 

17 territories under this subsection.’’. 

18 SEC. 510. TITLE III AMENDMENTS. 

19 Title III of the Rehabilitation Act of 1973 (29 U.S.C. 

20 771 et seq.) is amended— 

21 (1) in section 301(a)— 

22 (A) in paragraph (2), by inserting ‘‘and’’ 

23 at the end; 

24 (B) by striking paragraphs (3) and (4); 

25 and 


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1 (C) by redesignating paragraph (5) as 

2 paragraph (3); 

3 (2) in section 302(g)— 

4 (A) in the heading, by striking ‘‘AND IN5 SERVICE TRAINING’’; and 

6 (B) by striking paragraph (3); 

7 (3) in section 303(c)— 

8 (A) in paragraph (4)— 

9 (i) by amending subparagraph (A)(ii) 

10 to read as follows: 

11 ‘‘(ii) to coordinate and work closely 

12 with the parent training and information 

13 centers established pursuant to section 671 

14 of the Individuals with Disabilities Edu15 cation Act, the community parent resource 

16 centers established pursuant to section 672 

17 of such Act, and the eligible entities receiv18 ing awards under section 673 of such Act; 

19 and’’; and 

20 (ii) in subparagraph (C), by inserting 

21 ‘‘, and demonstrate the capacity for serv22 ing,’’ after ‘‘serve’’; and 

23 (B) by adding at the end the following: 

24 ‘‘(8) RESERVATION.—From the amount appro25 priated to carry out this subsection for a fiscal year, 


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1 20 percent of such amount or $500,000, whichever 

2 is less, shall be reserved to carry out paragraph 

3 (6).’’; 

4 (4) by striking sections 304 and 305; and 

5 (5) by redesignating section 306 as section 304. 

6 SEC. 511. REPEAL OF TITLE VI. 

7 The Rehabilitation Act of 1973 (29 U.S.C. 701 et 

8 seq.) is amended by repealing title VI. 

9 SEC. 512. CHAIRPERSON. 

10 Section 705(b)(5) of the Rehabilitation Act of 1973 

11 (29 U.S.C. 796d(b)(5)) is amended to read as follows: 

12 ‘‘(5) CHAIRPERSON.—The Council shall select a 

13 chairperson from among the voting membership of 

14 the Council.’’. 

15 SEC. 513. AUTHORIZATIONS OF APPROPRIATIONS. 

16 The Rehabilitation Act of 1973 (29 U.S.C. 701 et 

17 seq.) is further amended— 

18 (1) in section 100(b)(1) (29 U.S.C. 720(b)(1)), 

19 by striking ‘‘such sums as may be necessary for fis20 cal years 1999 through 2003’’ and inserting 

21 ‘‘$3,121,712,000 for fiscal year 2014 and each of 

22 the 6 succeeding fiscal years’’; 

23 (2) in section 110(c) (29 U.S.C. 730(c)), by 

24 amending paragraph (2) to read as follows: 


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1 ‘‘(2) The sum referred to in paragraph (1) shall 

2 be, as determined by the Secretary, not less than 1 

3 percent and not more than 1.5 percent of the 

4 amount referred to in paragraph (1) for each of fis5 cal years 2014 through 2020.’’; 

6 (3) in section 112(h) (29 U.S.C. 732(h)) by 

7 striking ‘‘such sums as may be necessary for fiscal 

8 years 1999 through 2003’’ and inserting 

9 ‘‘$12,240,000 for fiscal year 2014 and each of the 

10 6 succeeding fiscal years’’; 

11 (4) by amending subsection (a) of section 201 

12 (29 U.S.C. 761(a)) to read as follows: ‘‘(a) There 

13 are authorized to be appropriated $108,817,000 for 

14 fiscal year 2014 and each of the 6 succeeding fiscal 

15 years to carry out this title.’’; 

16 (5) in section 302(i) (29 U.S.C. 772(i)) by 

17 striking ‘‘such sums as may be necessary for each of 

18 the fiscal years 1999 through 2003’’ and inserting 

19 ‘‘$35,515,000 for fiscal year 2014 and each of the 

20 6 succeeding fiscal years’’; 

21 (6) in section 303(e) (29 U.S.C. 773(e)) by 

22 striking ‘‘such sums as may be necessary for each of 

23 the fiscal years 1999 through 2003’’ and inserting 

24 ‘‘$5,325,000 for fiscal year 2014 and each of the 6 

25 succeeding fiscal years’’; 


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1 (7) in section 405 (29 U.S.C. 785) by striking 

2 ‘‘such sums as may be necessary for each of the fis3 cal years 1999 through 2003’’ and inserting 

4 ‘‘$3,258,000 for fiscal year 2014 and each of the 6 

5 succeeding fiscal years’’; 

6 (8) in section 502(j) (29 U.S.C. 792(j)) by 

7 striking ‘‘such sums as may be necessary for each of 

8 the fiscal years 1999 through 2003’’ and inserting 

9 ‘‘$7,400,000 for fiscal year 2014 and each of the 6 

10 succeeding fiscal years’’; 

11 (9) in section 509(l) (29 U.S.C. 794e(l)) by 

12 striking ‘‘such sums as may be necessary for each of 

13 the fiscal years 1999 through 2003’’ and inserting 

14 ‘‘$18,031,000 for fiscal year 2014 and each of the 

15 6 succeeding fiscal years’’; 

16 (10) in section 714 (29 U.S.C. 796e–3), by 

17 striking ‘‘such sums as may be necessary for each of 

18 the fiscal years 1999 through 2003’’ and inserting 

19 ‘‘$23,359,000 for fiscal year 2014 and each of the 

20 6 succeeding fiscal years’’; 

21 (11) in section 727 (29 U.S.C. 796f–6), by 

22 striking ‘‘such sums as may be necessary for each of 

23 the fiscal years 1999 through 2003’’ and inserting 

24 ‘‘$79,953,000 for fiscal year 2014 and each of the 

25 6 succeeding fiscal years’’; and 


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1 (12) in section 753 (29 U.S.C. 7961), by strik2 ing ‘‘such sums as may be necessary for each of the 

3 fiscal years 1999 through 2003’’ and inserting 

4 ‘‘$34,018,000 for fiscal year 2014 and each of the 

5 6 succeeding fiscal years’’. 

6 SEC. 514. CONFORMING AMENDMENTS. 

7 Section 1(b) of the Rehabilitation Act of 1973 is 

8 amended— 

9 (1) by inserting after the item relating to sec10 tion 109 the following: 

‘‘Sec. 109A. Collaboration with industry.’’; 

11 (2) by inserting after the item relating to sec12 tion 110 the following: 

‘‘Sec. 110A. Reservation for expanded transition services.’’; 

13 (3) by striking the item related to section 304 

14 and inserting the following: 

‘‘Sec. 304. Measuring of project outcomes and performance.’’; 

15 (4) by striking the items related to sections 305 

16 and 306; and 

17 (5) by striking the items related to title VI. 


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1 TITLE VI—STUDIES BY THE 

2 COMPTROLLER GENERAL 

3 SEC. 601. STUDY BY THE COMPTROLLER GENERAL ON EX4 HAUSTING FEDERAL PELL GRANTS BEFORE 

5 ACCESSING WIA FUNDS. 

6 Not later than 12 months after the date of enactment 

7 of this Act, the Comptroller General of the United States 

8 shall complete and submit to the Committee on Education 

9 and the Workforce of the House of Representatives and 

10 the Committee on Health, Education, Labor, and Pen11 sions of the Senate a report that— 

12 (1) evaluates the effectiveness of subparagraph 

13 (B) of section 134(d)(4) of the Workforce Invest14 ment Act of 1998 (29 U.S.C. 2864(d)(4)(B)) (as 

15 such subparagraph was in effect on the day before 

16 the date of enactment of this Act), including— 

17 (A) a review of the regulations and guid18 ance issued by the Secretary of Labor to State 

19 and local areas on how to comply with such 

20 subparagraph; 

21 (B) a review of State policies to determine 

22 how local areas are required to comply with 

23 such subparagraph; 


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1 (C) a review of local area policies to deter2 mine how one-stop operators are required to 

3 comply with such subparagraph; and 

4 (D) a review of a sampling of individuals 

5 receiving training services under section 

6 134(d)(4) of the Workforce Investment Act of 

7 1998 (29 U.S.C. 2864(d)(4)) to determine if, 

8 before receiving such training services, such in9 dividuals have exhausted funds received through 

10 the Federal Pell Grant program under title IV 

11 of the Higher Education Act of 1965 (20 

12 U.S.C. 1070 et seq.); and 

13 (2) makes appropriate recommendations with 

14 respect to the matters evaluated under paragraph 

15 (1). 

16 SEC. 602. STUDY BY THE COMPTROLLER GENERAL ON AD17 MINISTRATIVE COST SAVINGS. 

18 (a) STUDY.—Not later than 12 months after the date 

19 of the enactment of this Act, the Comptroller General of 

20 the United States shall complete and submit to the Com21 mittee on Education and the Workforce of the House of 

22 Representatives and the Committee on Health, Education, 

23 Labor, and Pensions of the Senate a report that— 

24 (1) determines the amount of administrative 

25 costs at the Federal and State levels for the most reVerDate Mar 15 2010 23:27 Mar 18, 2013 Jkt 029200 PO 00000 Frm 00266 Fmt 6652 Sfmt 6201 E:\BILLS\H803.RFS H803

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1 cent fiscal year for which satisfactory data are avail2 able for— 

3 (A) each of the programs authorized under 

4 the Workforce Investment Act of 1998 (29 

5 U.S.C. 2801 et seq.) or repealed under section 

6 401 of this Act, as such programs were in ef7 fect for such fiscal year; and 

8 (B) each of the programs described in sub9 paragraph (A) that have been repealed or con10 solidated on or after the date of enactment of 

11 this Act; 

12 (2) determines the amount of administrative 

13 cost savings at the Federal and State levels as a re14 sult of repealing and consolidating programs by cal15 culating the differences in the amount of administra16 tive costs between subparagraph (A) and subpara17 graph (B) of paragraph (1); and 

18 (3) estimates the administrative costs savings 

19 at the Federal and State levels for a fiscal year as 

20 a result of States consolidating funds under section 

21 501(e) of the Workforce Investment Act of 1998 (20 

22 U.S.C. 9271(e)) to reduce inefficiencies in the ad23 ministration of federally-funded State and local em24 ployment and training programs. 


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1 (b) DEFINITION.—For purposes of this section, the 

2 term ‘‘administrative cost’’ has the meaning given the 

3 term in section 101 of the Workforce Investment Act of 

4 1998 (29 U.S.C. 2801). 

Passed the House of Representatives March 15, 

2013. 

Attest: KAREN L. HAAS, 

Clerk. 


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